R 056 |
2025 -- H 5007 SUBSTITUTE A AS AMENDED Enacted 01/28/2025 |
H O U S E R E S O L U T I O N |
ADOPTING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 2025 AND 2026 |
Introduced By: Representatives Fogarty, Diaz, Corvese, Hull, Marszalkowski, Kazarian, O'Brien, Kennedy, Chippendale, and Azzinaro |
Date Introduced: January 10, 2025 |
RESOLVED, That pursuant to Article VI, Section 7 of the Constitution of the State of |
Rhode Island, the following rules be adopted for the House of Representatives for the years 2025 |
and 2026: |
Rules Pertaining to the Speaker |
(1) The Speaker is authorized to: 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; call some other member to the chair in order to speak |
from the floor as other members are entitled on general matters; decide all questions without |
debate subject to appeal to the House; and have on every appeal the right to assign reasons for |
any decision, and to put the question forward without further debate. |
(2) The Speaker shall propound all questions in the order in which they are moved. On a |
voice vote, if the Speaker doubts the result, or a division be called for, the Clerk of the House |
shall call the roll. The Speaker shall declare the outcome of 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)(a) The Speaker may appoint a Speaker pro tempore and a Deputy Speaker. In the |
event the Speaker is unable or chooses not to preside over the House session, the Speaker may |
designate either the Speaker pro tempore or the Deputy Speaker to call the House to order and |
preside over the House session. In the event the Speaker is incapacitated or otherwise unavailable |
to make a designation, the majority leader shall make the designation pursuant to this rule. In case |
of the absence of the Speaker, Speaker pro tempore and Deputy Speaker, the senior member |
present from Newport, or in the absence of such member, a member chosen by notification to the |
House clerk by the Speaker shall call the House to order and preside. |
(b) In the case of a permanent vacancy of the office of the Speaker, the majority leader |
shall make the designation pursuant to this rule until a Speaker is elected by ballot. |
Rules Pertaining to the Order of Business |
(7)(a) The Speaker, or the Speaker’s designee, shall prepare the floor calendar for each |
legislative day. The calendar shall be printed or made available electronically to the members |
daily. During the legislative session, the House shall convene at 4 p.m. provided that the Speaker, |
with adequate notice to the members, may convene the House at another time. |
(b) At the commencement of each day's session the roll shall be called or taken by use of |
the electronic voting system. If a quorum is determined to be present the Speaker shall seek |
approval of the previous day’s journal and thereafter proceed to business. The order of business, |
unless the Speaker determines otherwise, 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. |
(c) 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 presented to the |
Speaker may be placed directly in the House Journal noting his or her absence from session. The |
Speaker, in his or her discretion, may authorize the use of electronic signatures to facilitate the |
legislative process. If the Speaker authorizes the utilization of electronic signatures by members, |
the following shall apply: |
(i) Members shall be provided the option to utilize electronic signatures only by means of |
a secure electronic signature procedure provided by the Speaker to the members; |
(ii) An electronic signature executed pursuant to this rule shall be deemed and interpreted |
as the member’s legal and binding signature; |
(iii) Only a member of the House may execute an electronic signature pursuant to this |
rule. A member shall be strictly prohibited to request or permit another person to execute an |
electronic signature on his or her behalf. |
(d)(i) All bills and resolutions shall be filed no later than February 16, 2023 27, 2025 (for |
the 2023 2025 session) and February 15, 2024 12, 2026 (for the 2024 2026 session). The |
provisions of this section shall not apply to city or town bills, to bills for the reinstatement of |
corporate charters, to bills relating to the solemnization of marriages, to ceremonial resolutions of |
congratulations or condolences, to appropriations and budget bills, or to bills to create or extend |
creating or extending the reporting dates of study commissions or to bills introduced on behalf of |
a study commission by the commission's chairperson or other member with the approval of the |
Speaker. Further, a |
(ii) A member may introduce a public bill or resolution after this date in February if one |
day previous to such introduction, the member shall have notified the House of his or her |
intention to introduce such bill or resolution by reading the title and giving a brief explanation of |
its purpose. A member may avail himself or herself of the opportunity afforded by this rule three |
(3) times only in each calendar year, but in no event after the fortieth (40th) legislative day unless |
the matter is submitted with the approval of the Speaker. House Committees may, but shall not be |
obligated to, hear and consider public bills or resolutions approved for introduction pursuant to |
this rule. |
(e) Any bill or resolution introduced on or before April 11, 2023 22, 2025 (for the 2023 |
2025 session) and on or before April 10, 2024 21, 2026 (for the 2024 2026 session): |
(i) if filed after the convening of the session, shall be in order for the first reading and |
where appropriate, assignment to committee, as early as the next legislative day and shall be |
considered a part of the days business, provided that the Speaker may direct that any given |
measure may be treated in accord with subparagraph (ii) below, and |
(ii) if filed prior to the convening of the session in the instance where the desk has been |
left open to receive matters, shall be in order for the first reading and, where appropriate, |
assignment to committee, as early as that day. |
(iii) All bills or resolutions introduced after April 11, 2023 22, 2025 (for the 2023 2025 |
session) and after April 10, 2024 21, 2026 (for the 2024 2026 session) shall be in order for the |
first reading and, may be assigned to committee, as early as the day of introduction. |
(iv) In the discretion of the Speaker, any bill filed after the convening of the session on |
the last legislative day of any week shall also be in order for the first reading as early as the next |
day and assigned to committee as if the desk were left open. |
(f) The Clerk of the House shall cause the title and numbers of all bills and resolutions |
introduced, along with the names of up to ten (10) co-sponsors, 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. |
(g) Whenever a member has requested that the text of a resolution be read into the House |
Journal, the Speaker may, at his or her discretion, comply with the request and have the resolution |
read either during a recess, while the House is at ease or following adjournment. The decorum of |
the House shall be maintained throughout the requested reading of the resolution. |
(h) Members shall restrict announcements on the House floor to statements which relate |
to legislative business or pertain to ceremonial events or occasions. |
(8) Bills and resolutions which are of a routine, ceremonial, or non-controversial nature, |
may be granted "Immediate Consideration" and brought before the body for its approval without |
appearing on the printed floor calendar, with the approval of the Majority Leader, Minority |
Leader, and Speaker. The representative seeking such approval shall request the permission of the |
Majority and Minority Leaders and then during the floor session indicate, by activating their |
recognition light, that he or she has such a matter to present before the body. The resolution or |
bill will then be presented to the House clerk who shall proceed to present the matter to the |
Speaker who will bring it before the body for a voice vote. At the request of the prime sponsor |
and in the discretion of the Speaker, the clerk may be instructed to read the resolution to the body. |
(9) In addition to the provisions allowing for "Immediate Consideration" of routine, |
ceremonial or non-controversial bills or resolutions, there shall also be a consent calendar on |
which may be entered such bills and resolutions as the Speaker, Majority Leader, and Minority |
Leader, or their designees, shall agree upon. 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 form as it is intended to move and the same |
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. At the request of a member any bill |
or resolution may be removed from those included in the motion if the Speaker so orders. 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 may be so |
removed and placed on then regular calendar. Any bill or resolution appropriate for placement on |
the consent calendar under these rules but so removed shall be placed on the regular calendar for |
the same day and 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) (a) A member may claim the floor on a question of personal privilege for no more |
than five (5) minutes 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 , |
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. |
Rules Pertaining to Committees |
(11)(a) The following standing committees shall be appointed each year in the month of |
January or as soon as convenient after the adoption of the House Rules: |
A committee on conduct |
A committee on corporations |
A committee on education |
A committee on environment and natural resources |
A committee on finance |
A committee on health and human services |
A committee on innovation, internet and technology |
A committee on judiciary |
A committee on labor |
A committee on municipal government and housing |
A committee on rules |
A committee on oversight |
A committee on small business |
A committee on special legislation |
A committee on state government and elections |
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. Each |
member of the House shall be entitled to membership to at least (2) standing committees, as |
appointed by the Speaker; provided, however that a member may waive this requirement upon |
written notice to the Speaker. 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 have the authority to appoint the chair, first vice chair and second vice chair 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 shall have |
the authority to limit the length of a witness’s testimony in order to afford all witnesses the |
opportunity to be heard, to limit repetitiveness and duplication, or to maintain order and decorum. |
(1) In the discretion of the chair, any witness who is a representative of a state |
department, agency, or quasi-public agency appearing in their official capacity before a |
committee, subcommittee or commission of the House shall, before testifying, be required to |
declare that they will testify truthfully, by oath or affirmation administered by the chair, first vice- |
chair or second vice-chair of the committee. |
(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 |
concise 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. |
(12)(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. |
(1) Any bill filed before or after the 40th legislative day, but subsequent to the hearing of |
a group of bills on the same subject matter pursuant to Rule 12(a), may or may not be assigned |
for hearing if it appears from the subject matter that the issues presented would be substantially |
similar to those matters already heard, even if a bill hearing request is filed pursuant to Rule |
12(e). If heard, the chair of the committee may limit the testimony to those issues not addressed |
in the previous bill hearing. |
(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 posted 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 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 House 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 as |
provided in these rules. No committee shall hear more than thirty (30) bills (exclusive of city and |
town bills, corporate charter reinstatement bills, those to be placed on the consent calendar, and |
duplicate senate bills that have previously passed) 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 of the committee, 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, subject to Rule 12(a), 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, also subject to Rule 12(a). 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. The Chair may cancel a |
bill hearing at any time, with the approval of the Speaker if in the Chair's discretion the bill is not |
ready to be heard in the committee. A hearing postponed twice at the sponsor’s request need not |
be re-scheduled, and shall also be subject to Rule 12(a). 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 at the time specified in R.I.G.L. |
(f) 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 under Rule 12(e)(i)-(iv) |
so long as the bill or resolution which was the subject of the vote remains in the possession of the |
committee and that the motion is made by a member voting in the majority. A motion to |
reconsider in committee shall not be debated. |
Bills or resolutions concerning appropriations, revenue or expenditures shall not be |
subject to the above time limits. |
(g) In the event a committee fails to afford consideration to any bill or resolution within |
the prescribed time where such consideration has been properly requested, and where no other |
exceptions or considerations apply by the rules herein, 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 12(e) regarding the necessity to hold a hearing at the sponsor’s request |
through 12(h) pertaining to the timing of placing a bill onto the floor calendar 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 11, |
2023 22, 2025 (for the 2023 2025 session) and on or before April 10, 2024 21, 2026 (for the 2024 |
2026 session), and thereafter the committees of the House shall not consider public bills or |
resolutions except those which have been acted upon by the Senate and transmitted by the Senate |
to the House of Representatives, provided however, that the committee on finance may hear and |
consider such House bills, acts or resolutions as it deems to have a fiscal impact after April 11, |
2023 22, 2025 (for the 2023 2025 session) and after April 10, 2024 21, 2026 (for the 2024 2026 |
session), 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 such date, on which such committee had not been able to complete action, upon |
approval by the Speaker of a written request from the Chair. All such requests must be filed with |
the Clerk of the House no later than April 11, 2023 22, 2025 (for the 2023 2025 session) and on |
or before April 10, 2024 21, 2026 (for the 2024 2026 session). 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 11, 2023 22, 2025 (for the 2023 2025 session) and on or before |
April 10, 2024 21, 2026 (for the 2024 2026 session), and shall have been heard in the committee |
no later than one (1) week prior to that date. |
(k) Transfers –The Speaker or the Speaker’s designee may direct the transfer of a bill or |
resolution 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. |
(l) Members of a committee shall, if present, cast a vote on legislation before the |
committee, unless prior to the discussion of the bill and vote, the member has recused in |
accordance with the provisions of the Code of Ethics, RIGL §36-14-6. The member shall sign a |
recusal form, and the Clerk of the Committee shall note the member's recusal on the bill vote |
sheet. |
(m) Any proposed committee amendment to a bill, in a substitute amended bill format, |
shall be posted in print and electronically by the chair of the committee hearing the bill at least |
twenty-four (24) hours prior to its committee consideration. Such postings shall be made on the |
legislative data bulletin board and electronically. 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 posted on the legislative data bulletin board. The chair of the committee |
may waive this twenty-four (24) hours posting requirement, if he or she deems the proposed |
amendment either technical, grammatical, or not substantive or substantial in nature. This section |
shall not apply to the budget bill. |
(13)(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. |
(c) The Speaker shall formulate a plan for the publication of committee votes and work to |
implement the plan so committee votes appear online in a prominent and conspicuous location on |
the General Assembly website prior to the floor votes of the bill occurring. |
(d) The Speaker, wherever feasible with the confines of existing room availability and |
personnel levels, shall direct Capitol Television to broadcast committee hearings live on Capitol |
Television or, in the instance where committees are meeting on the same day and time, record the |
hearings for broadcast on a delayed basis. Committee hearings dealing with the expenditure of |
public funds shall be given priority for live broadcast. Chairs of the various committees are |
authorized to make a request of the Speaker, or the Speaker’s designee, to broadcast their |
respective committee hearings on Capitol Television if they believe an agenda item is of |
particular importance or interest. |
(e) All committee hearings shall be audio recorded or video recorded with audio. |
Rules Pertaining to Bills and Petitions |
(14)(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, and provided further that the |
Speaker may at any time order a duplicate bill received from the Senate, or any Senate bill after |
the budget bill shall have passed the House, onto the calendar. |
(b) When a bill or resolution is postponed indefinitely, the same shall not be acted upon |
again during the session. |
(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 before 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. Those bills passing out |
of committee on the last legislative day of the week shall be in order for placement on the |
calendar or consent calendar as early as the first legislative day of the next week. |
(d) No more than fifty (50) public bills shall be considered upon their merits during any |
one (1) legislative day and no bill shall be brought before the body after 10:30 p.m., provided, |
however, that House bills returned from the Senate, Senate bills which are duplicates of and |
identical to House bills, corporate charter revocation bills, and solemnization of marriage bills |
and bills removed from the consent calendar may be considered notwithstanding this limit. |
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. In the case of |
bundled bills that contain identical and duplicate Senate bills, at the request of the Majority and |
Minority Leaders the House journal will reflect that the vote of the members on the bill is |
consistent with his or her vote on the duplicate House bill previously passed. Prior to the vote on |
a duplicate bill, it should be stated for the record and be made known to the body that the bill is |
identical. |
(e) The budget bill shall be prepared by 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. For the purposes of calculating the seven |
(7) day requirement, the day of passage by the Finance Committee shall not be counted but the |
scheduled day for floor action shall be included in the calculation. 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 not less than 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 or |
any day thereafter. |
(15)(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. |
(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 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. In the discretion of Legislative Council in drafting a bill pursuant to |
section (d) of this rule, or upon the request for a Sub A from the Chair of the committee where the |
bill is assigned, additional sections of law that are not being amended may be included in the |
explanation to the bill to add context to the changes made in the statutes the bill amends. |
(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 12:00 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 or any department or agency or from the judicial branch shall bear a stamp or |
designation 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) 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 and it shall be reflected in the House |
journal. |
(ii) A co-sponsor of a bill or resolution may remove his or her name from a bill or |
resolution at any time prior to its passage upon written notice to the clerk. If the co-sponsor is |
listed electronically as one of the sponsors, such change in sponsorship shall be amended online |
as well as reflected in the House journal. |
(iii) A member may request of the Speaker to be listed as a co-sponsor on any bill or |
resolution assigned to any committee, provided that the member makes the request of the Speaker |
and actually signs the bill prior to the first hearing on the bill in committee. |
(h)(i) A bill or resolution may be pre-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 by Legislative Council, and make it |
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 the member or member-elect shall constitute automatic withdrawal of |
said bill or resolution; 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 the bill or resolution shall become the prime sponsor. |
(16) 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. |
(17)(a) No amendment to a pending bill or resolution may be considered by the House, |
except by unanimous consent, unless the text of the amendment 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 |
be construed to be a motion to table the measure on which the amendment has been offered. |
(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 |
forward the question on the motion to table. |
(18) Amendments, articles or sections of the State budget shall concern only |
appropriations, expenditures, revenue or matters related thereto. |
(19) 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 may be presented in omnibus |
resolutions which shall not require concurrent action and which, upon passage, shall be forthwith |
transmitted to the Secretary of State. |
(20)(a) No petition to discharge a bill or resolution from Committee shall be appropriate |
for presentation until after the fiftieth (50th) legislative day and until the bill or resolution shall |
have been in the possession of the Committee for no less than sixteen (16) legislative days. On |
any day after those requirements have been met, the prime sponsor of a bill or resolution may |
present a petition in writing to discharge the 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 |
the recording clerk. 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, provided, however, |
that if, after the bill or resolution is calendared but before it is taken up, enough signatures are |
withdrawn so that the number of effective signatures falls below thirty-eight (38), the bill or |
resolution shall pass off the calendar. |
(b) At the time the petition is properly submitted to the clerk of the House, a notation |
shall be added to the bill status/history section for that particular legislation as it appears online. |
(c) 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. |
(21) 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, except |
where the Speaker has ordered the transmittal and no objection is stated by a member, or in a case |
where an objection is stated the objection to transmittal is supported by a majority of those |
members who voted on the matter |
Rules Pertaining to Decorum and Debates |
(22) When any member desires to speak in debate, or to deliver any matter to the House, |
the member shall activate his or her recognition button, and when recognized from the rostrum |
rise and proceed by respectfully addressing the Speaker. Debate shall be confined to the matter |
before the House. No member shall be permitted to ask, nor shall the Speaker entertain, any |
question not directly related to the matter before the House. |
(23) When two (2) or more members seek to be recognized as indicated by activation of |
their recognition buttons, the Speaker shall select the member who is to speak first. |
(24) No member, exclusive of the Majority and Minority Leaders, the principal sponsor |
or floor manager, or the chair of the committee from which the bill or resolution was reported, |
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. |
(25) 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 continue and the House |
shall, if appealed to, decide on the case but without debate. If the reading of any printed or written |
paper be objected to, it shall be determined by the Speaker, and the House, if appealed to. |
(26) 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 on the floor or in committee shall any person use cell phones or cause |
disruption by any other means. |
(27) 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. |
(28) 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. |
(29) 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. |
(30) 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 recommit, or to amend. The motions for any |
of the above actions shall have precedence in the order in which they are here arranged. |
(31) When a time for a meeting of the House shall have been previously fixed upon, a |
motion to adjourn shall be always in order. Motions 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. |
Motions to lay on the table shall also be non-debatable except 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 as |
referenced in Rule 17(c). |
(32) No member shall vote on any question of private property in the event of which he |
or she is immediately and particularly interested. |
(33)(a) No member shall speak or vote, unless within the bar of the House and at his or |
her seat, except as hereinafter provided. 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. Every member 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). Members seeking to recuse themselves on |
legislation before the full House must file a written request for recusal, if they are present when |
the House takes action on the bill, and the journal shall reflect such recusal with the letter "R." |
(b) When a violation of Rule 33(a) in regard to voting is alleged in writing by a member, |
the Speaker may refer said written allegation to the committee on conduct 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 remain 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. |
(e) The Speaker may authorize a member to vote at session by limited-directed proxy if |
the member is unable to be physically present in the chamber due to a health or medical |
condition. After five (5) three (3) or more consecutive absences or if a member anticipates three |
(3) or more consecutive absences due to a health or medical condition, a member may provide a |
written request to the Speaker for authorization to vote by proxy pursuant to this rule. The |
Speaker may require that the member provide documentation from a physician verifying that the |
member is unable to be physically present at session, and the Speaker may limit the duration of |
authorization under this rule. Authorization to vote by proxy pursuant to this rule shall be |
reported in the House Journal and shall be conducted in accordance with the procedure provided |
in rule 47 (b). |
(34)(a) The electronic voting system may be used to record attendance and quorums, and |
at the direction of the Speaker, to record those members seconding any motion, request, or item. |
It shall be used to record all votes on public bills and votes on rule changes and suspensions. It |
shall be used for other votes by request of a member at the discretion of the Speaker. The results |
of all votes recorded electronically shall be reported in both the House journal and, as it pertains |
to votes on bills, reflected in a prominent and conspicuous place on the General Assembly |
website. The procedure for the recording of such votes online shall be determined by the Speaker |
and reported to the body. |
(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, unless a member requests a |
change, without objection from any other member, during the same session that the vote was |
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. |
(35) There shall be a motion for the previous question, also known as moving the |
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. 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. |
(36) When any vote is passed, any member voting in the majority may move |
to reconsider on the same or a subsequent legislative day, if the matter has not been previously |
transmitted to the proper party. A motion to reconsider shall not be debated and once a motion for |
reconsideration has been decided, the motion itself shall not be reconsidered. |
(37)(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 person speaking at the time a point of order is raised, shall be instructed by the |
presiding officer to stop speaking until the point of order is stated and the issue is resolved. 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. No member shall be permitted to present |
argument under the guise of a point of order, a point of parliamentary inquiry, or a question. No |
member shall resort to persistent irrelevance or persistent repetition. |
Rules Pertaining to Admission to the Floor |
(38)(a) No person or persons, except currently elected members of the general assembly, |
legislative staff assigned by the Speaker or Minority Leader and authorized representatives of |
the public press 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, and |
maintain the decorum of the House. No person so admitted 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 authorized by the Speaker |
(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. |
(39) 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. |
Miscellaneous Rules |
(40) 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, the limitation on consideration of House |
bills by House committees, 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 and the deadline for |
new introductions 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. |
(41) The procedure to be followed in consideration by the House of a motion to override |
the Governor’s veto of a bill or resolution (whether at an extraordinary or reconvened session as |
contemplated in Rule 40 or at a regular session of the House) shall be as follows: The Governor’s |
objections to the bill or resolution shall be entered into upon the House Journal as required by the |
Rhode Island Constitution, Article 9, Section 14. The Governor’s objections shall be made |
available to the members in written form or electronically, and upon the request of any member |
shall be read aloud by the Clerk of the House. Each of the following: the prime sponsor of the bill |
(in the case of a House bill), the Minority Leader and the Majority Leader may, if he or she |
wishes, and in the order specified, speak for no more than five (5) minutes. Thereupon the House |
shall immediately proceed to a vote as prescribed in the Rhode Island Constitution, Article 9, |
Section 14, and such vote once taken shall not be the subject of a motion to reconsider. If the bill |
or resolution shall have passed notwithstanding the veto of the Governor, the same shall be |
immediately transmitted to the Senate or to the Secretary of State as may be appropriate. |
(42)(a) Once adopted by a majority of the body present and voting, no rule shall be |
repealed or amended, except by two-thirds (2/3) of the members voting. |
(b) A rule may be temporarily suspended with the consent of the Majority and Minority |
Leaders or by a vote of two-thirds (2/3) of the members voting except that in no case shall the |
rules pertaining to the recording of votes be suspended. At the time a rule or rules are temporarily |
suspended, the duration of time that the rule shall be suspended shall clearly be stated to the body |
and recorded in the House journal. 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. |
(c) 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. Any |
member at the beginning of a legislative session who was not a member at the time of the |
adoption of the rules shall be provided with a copy of the rules. |
(43) Within a reasonable time of the House adopting its rules, the rules will be posted on |
the House website. |
(44) The Speaker shall designate a staff member who shall be responsible for providing |
any Representative, who shall request in writing, with a dvd copy recording of any of any |
proceeding of the General Assembly that has been broadcast on Capitol Television within two (2) |
business days of receiving the request. |
Establishment of Caucuses |
(45)(a) Members of the House may establish affiliate groups to be known as "Caucuses." |
(b) Membership in any said Caucus is limited to duly elected members of the House. No |
party, person, nor organization who is not a duly elected member of the House shall be involved |
in nor be allowed to join nor participate in any manner in the business of the Caucus except staff |
members authorized by the highest ranking member present at the majority party caucus and by |
the highest ranking member present at the minority party caucus. |
(c) Membership in any said Caucus is open to those who are primarily in said affiliate |
group, but should not necessarily be closed to other House members. |
(d) Notwithstanding 45(c): |
(1) Any Caucus organized around a political party affiliation is limited solely to those |
House members who belong to said party, provided that any member elected to the House as an |
Independent may caucus with any party, but not more than one party, and not before submitting |
written communication to the House announcing such intention. The party for which the |
Independent member wishes to caucus with shall not be obligated to accept the Independent into |
the caucus, and if permission is so denied, shall communicate that decision to the House clerk |
within seven (7) days of the Independent member's notification to the House. The Speaker shall |
make such determination for the majority party caucus, and the Minority Leader shall make such |
decision for the minority party caucus. The Independent then may seek admission to any other |
party for purposes of joining a caucus. Upon request, the Speaker for the majority party caucus, |
and the Minority Leader for the minority party caucus, may waive the written communication |
required by this rule. |
(2) Any Caucus organized around a county and/or municipal affiliation is limited solely |
to those House members who represent said county and or municipality. |
(e) The duties of each Caucus shall be to provide a common association and opportunity |
for members to interact with each other and to address concerns and to act as a positive body to |
implement legislation, initiatives, suggestions and other forms of action on issues of common |
interest to the membership. |
(f) The governing body of any Caucus is limited to a chairperson and vice chairperson |
and any member of the Caucus shall be eligible to hold any office. |
(g) The duties of the officers shall be as follows: |
(1) Chairperson: |
(i) To preside over all meetings of the Caucus; |
(ii) To provide an agenda for each meeting to those attending; and |
(iii) To conduct the annual election of officers. |
(2) Vice Chairperson: |
(i) To assume duties of the Chairperson in his/her absence; and |
(ii) To conduct all votes, notwithstanding 45(g)(1)(iii), at meetings. |
(h) Office holders shall be elected by a simple majority of a quorum vote by the body for |
a two (2) - year term. |
(i) In the event an officer cannot fulfill his or her term, the following rules shall apply: |
(1) A vacancy in the Chairperson’s office shall be filled by the Vice Chairperson. |
(2) A vacancy in the Vice-Chairperson’s office shall be filled by a majority vote of a |
quorum of the membership of the Caucus. |
(3) The term of the replaced officers shall begin immediately and shall terminate upon the |
regular election of new officers. |
(j) A quorum shall consist of two-thirds (2/3) of the current membership of the Caucus. |
(k) No budget shall be appropriated for any Caucus nor shall any Caucus engage in the |
raising of funds nor in-kind donations to pay for any of its activities. |
(l) All caucuses shall be established by written notification to the Speaker or his/her |
designee with all elections being held one month after the establishment. The two (2) - year |
election term shall run from the date of said election. |
(m) Rules 45(f), 45(g), 45(h), and 45(i) shall not apply to political party caucuses. |
Sexual Harassment and Discrimination Prohibited |
(46)(a) The House of Representatives is committed to creating and maintaining a work |
environment in which all members and employees are treated with respect and are free from |
sexual harassment and discrimination. |
The House fully supports the protection and safeguarding of the rights and opportunities |
of all people to seek, obtain and hold employment without being subjected to sexual harassment |
of any kind in the workplace. The House recognizes that sexual harassment has a serious |
detrimental effect on victims of sexually harassing behavior. |
The House acknowledges that the question of whether a particular action or incident is of |
a purely personal or social nature, without a discriminatory employment effect, could require an |
extensive determination based on all facts in each case. The House further recognizes that false |
accusations of sexual harassment can have serious effects on innocent individuals. |
(b) Sexual harassment is a violation of the state Civil Rights Act of 1990 (chapter 112 of |
title 42), the state Fair Employment Practices Act (chapter 5 of title 28), and Title VII of the Civil |
Rights Act of 1964. It is against the policy of the House for any member or employee of the |
House of Representatives to sexually harass another person involved in the business of the House. |
Members of the House and its employees are expected to comply with applicable law and take |
appropriate measures to ensure that prohibited conduct does not occur. |
(c) Any member of the House who believes that he or she has been the subject of sexual |
harassment while engaging in the business of the House should report the alleged act as soon as |
possible to the Office of Compliance. |
(d) The Office of Compliance shall publish an official sexual harassment policy which |
shall include the responsibilities of the Office of Compliance, the rights and responsibilities of |
members of the House of Representatives and its employees, the procedure for the adjudication of |
complaints made pursuant to the policy, and any other provisions it shall deem appropriate. |
(e) All reported complaints of sexual harassment shall be investigated by the Office of |
Compliance in a timely and confidential manner. No person investigating on behalf of the Office |
of Compliance shall discuss the subject outside the investigation. The purpose of this provision is |
to protect the confidentiality of the person who files a complaint, to encourage the reporting of |
any incidents of sexual harassment and to protect the reputation of any person who may be |
wrongfully accused. |
(f) If an investigation reveals that a complaint is valid, prompt action designed to |
immediately stop the harassment and to prevent its recurrence shall be taken. A recommendation |
shall be made to the Committee on Conduct pursuant to the policy published by the Office of |
Compliance. |
(g) The form of any disciplinary action for a member of the House shall be in accordance |
with any recommendation and findings of the Committee on Conduct and a two-thirds (2/3) vote |
of the House and shall include, but not be limited to, loss of leadership and/or committee chair |
position, reprimand, censure, or expulsion as permitted by the Article 6, Section 7 of the Rhode |
Island Constitution, or any other action deemed necessary. |
(47) Temporary Emergency Procedures of the House of Representatives |
The Speaker shall have the discretion to determine if there exists a public health or other |
emergency that could pose a risk to the health and safety of members and staff of the House. |
During the pendency of the emergency, with public notice via the General Assembly website, the |
Speaker may adopt the following temporary procedures and may set legislative dates in light of |
said public health or other emergency. |
(a) Authorization to hold Remote Committee Meetings due to an Emergency-- |
Requirements. |
(i) When the Speaker issues a public notice pursuant to this rule, the Chair of a legislative |
committee may request that the Speaker permit the committee to conduct remote meetings. |
(ii) If the Speaker approves the Chair’s request, the legislative committee shall be |
permitted to conduct remote meetings in order to transact public business. Members and |
witnesses may participate in a remote meeting through the use of any means of communication; |
provided that both of the following shall occur: |
(A) The identity of a member or witness is verified in a manner satisfactory to the Chair; |
and |
(B) During the meeting, all participating members are able to simultaneously hear the |
comments of each member who is recognized by the Chair. |
(iii) For the purposes of determining quorum as required by these rules, a member |
participating from another location in a remote meeting shall be considered present as if the |
member were physically present at the meeting. |
(iv) For the purposes of voting, a member participating from another location by remote |
means shall be deemed to have voted as if the member were physically present at the meeting. |
(v) Votes shall be taken by roll call in any meeting conducted as a remote meeting |
pursuant to this rule. |
(vi) Any remote meeting must be preceded by the same or substantially equivalent public |
notice as would be required if the meeting were to be held at a physical location. Notice shall |
include information on how the public can monitor and/or participate in a remote meeting of a |
committee. |
(vii) The Chair, when presiding over a remote meeting, shall interpret and apply all rules |
that presume or require the physical presence or act of members or witnesses in such a manner to |
accomplish the same purposes for which the rules were adopted. |
(viii) Any technological failure that prevents, or any technological limitation that limits |
public access otherwise required under these rules shall not invalidate a remote meeting or any |
action taken at a remote meeting. |
(b) Authorization to Vote by Limited-Directed Proxy--Procedure |
When the Speaker issues a public notice pursuant to this rule, the Speaker may allow |
members to vote on certain matters before the House by limited-directed proxy (hereinafter |
“proxy”) in accordance with the following procedure: |
(i) Notwithstanding the provisions of this rule, a quorum of members shall be physically |
present in order to conduct business, pursuant to Article VI, Section 6 of the Constitution of the |
State of Rhode Island, and Rules 1 and 7(b) herein. |
(ii) A member of the House who is unwilling or unable to be physically present during a |
public health emergency may submit a written request to the Speaker that the member wishes to |
cast a vote by proxy under the limited parameters established by this rule. |
(iii) The Speaker, if he or she so approves of a member’s proxy request, shall direct the |
requesting member’s respective majority leader or minority leader to vote for the absent member. |
If the majority leader or the minority leader is unable to attend session, he or she shall designate |
another member to execute proxy votes in accordance with this section. |
(iv) A member authorized by the Speaker to vote by proxy shall prepare and submit |
written voting instructions prior to each applicable floor session. The instructions shall identify |
the particular daily calendar item(s) on which the member will be voting by proxy, and shall |
clearly state how the member wishes to have the member’s vote recorded for each calendar |
item(s). For each calendar item, a member shall indicate one of the following: a vote in favor of |
the calendar item or a vote against the calendar item. A member shall also clearly indicate how |
the member wishes to vote on any consent calendar, if applicable. The Speaker, in his or her |
discretion, may provide a form to facilitate the proxy process in accordance with this rule. |
(v) The written voting instructions shall be both submitted to the member’s majority |
leader or minority leader and filed with the Clerk of the House. |
(vi) The member’s majority leader or minority leader shall follow the written voting |
instructions exactly as submitted, by announcing the other member’s proxy vote or by responding |
to a voice vote or roll call for the member voting by proxy. |
(vii) A member authorized by the Speaker to vote by proxy may change the member’s |
written voting instructions with regard to a particular calendar item at any time prior to the |
convening of session. Any revised voting instructions shall be submitted in writing as required |
herein. |
(viii) The House Journal shall identify any members who voted by proxy on each |
calendar item. |
(ix) For the purposes of this rule, submission of written requests to vote by proxy and |
written proxy instructions may include electronic delivery by email. |
(c) During the pendency of any public health emergency, the Speaker may, in his or her |
discretion, require that members comply with any public health safety measure recommended by |
the Rhode Island Department of Health while in attendance at any session or committee of the |
House. |
(d) The temporary procedures as established by this rule shall be valid until rescinded by |
the Speaker with public notice on the General Assembly website. |
(48) Discipline of a Member |
(a) Any action to expel a member shall commence with a resolution sponsored by the |
Speaker of the House; provided however, if the Speaker is the subject of the resolution to expel, |
the resolution shall be sponsored by the Speaker pro tempore. |
(b) The Speaker shall refer the resolution to the committee on conduct, or any other |
standing committee, for hearing and review. The committee shall investigate the matter and shall |
have the right to compel witnesses and produce documents by subpoena prepared by the |
committee and approved and signed by the Speaker. All testimony in the committee shall be |
under oath and preserved by stenographic record which shall be transcribed upon the order of the |
chair. |
(c) Any member who is the subject of potential expulsion under the resolution shall be |
afforded due process of law, to include notice of all hearings, the right to retain legal counsel, and |
the opportunity to present evidence and/or witnesses and cross examine any witnesses. |
(d) At the completion of the committee hearing, upon consideration and an affirmative |
vote of the majority of the committee members present, said resolution shall be reported to the |
floor of the house in accordance with these rules. |
(e) Any floor vote of the house for expulsion shall require two-thirds (2/3) of the |
members elected for approval of the resolution to expel. |
(f) In those instances where the Speaker deems that censure or reprimand of a member is |
in order, the Speaker may, in his or her discretion, impose said discipline. Upon notice of the |
imposition by the Speaker of censure or reprimand upon a member, the member may dispute said |
discipline within five (5) calendar days by notifying the Speaker in writing and requesting a |
hearing before the committee on conduct. In the event a member requests a hearing before the |
committee on conduct, the member shall be entitled to the procedures set forth herein. |
(g) In the alternative, the Speaker may, in his or her discretion, sponsor and refer a |
resolution of censure or reprimand to the committee on conduct, or any other standing committee, |
for hearing, review, and consideration by the committee consistent with the procedures set forth |
herein. |
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LC000397/SUB A |
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