Rhode Island 2023 Regular Session

Rhode Island House Bill H5137 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5137
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	H O U S E R E S O L U T I O N
15	15	AMENDING THE RULES O F THE HOUSE OF REPRESENTATIVES FOR THE YEARS
16	16	2021 AND 2022
17	17	Introduced By: Representative Teresa A. Tanzi
18	18	Date Introduced: January 13, 2023
19	19	Referred To: House Rules
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21	21
22	22	RESOLVED, That section (12) of the rules for the House of Representatives adopted by 1
23	23	the House of Representatives at its January session A.D. 2021 entitled "House Resolution 2
24	24	Adopting the Rules of the House of Representatives for the years 2021 and 2022", be and the 3
25	25	same is hereby amended to read as follows: 4
26	26	(12)(a) Committees shall take into consideration all such petitions, resolves, bills, matters 5
27	27	or things as may be referred to them by the House with power to report by bill or otherwise; 6
28	28	provided, however, that committees shall, whenever possible, consider all bills of substantially 7
29	29	the same or of a similar nature at the same time in a manner that is otherwise in conformity with 8
30	30	these rules. 9
31	31	(1) Any bill filed before or after the 40
32	32	th
33	33	legislative day, but subsequent to the hearing of 10
34	34	a group of bills on the same subject matter pursuant to Rule 12(a), may or may not be assigned 11
35	35	for hearing if it appears from the subject matter that the issues presented would be substantially 12
36	36	similar to those matters already heard, even if a bill hearing request is filed pursuant to Rule 13
37	37	12(e). If heard, the chair of the committee may limit the testimony to those issues not addressed 14
38	38	in the previous bill hearing. 15
39	39	(b) A committee shall not consider any public bill or resolution not previously 16
40	40	distributed in print or electronically to its members except by a vote of the majority of the 17
41	41	members of the committee. 18
42	42	(c) The Chair of every committee shall post, in print and electronically, at least forty-19
43	43
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46	46	eight (48) hours prior to any committee meeting, a list by number and title of the bills 1
47	47	and resolutions to be heard at that meeting. Such postings shall be made electronically and on the 2
48	48	Legislative Data Bulletin Board. The electronic posting shall be considered the official date of the 3
49	49	posting. In the event that the electronic posting system is inoperable then the official posting shall 4
50	50	be posted on the Legislative Data Bulletin Board. The Chair shall limit such listings to the 5
51	51	number of bills or resolutions he or she reasonably expects can be taken up by the committee at 6
52	52	that meeting. Any bill or resolution so posted which the committee is not able to take up at the 7
53	53	stated meeting must be re-posted as stated above. Such postings shall be made electronically, and 8
54	54	on the Legislative Data bulletin board. Copies of all posted bills or resolutions shall be provided 9
55	55	in print or electronically to all committee members and principal sponsors. A committee shall not 10
56	56	hear any said bill or resolution without such notice except by the consent of a majority of its 11
57	57	members and with at least one (1) day's notification to the principal House sponsor. The sponsor 12
58	58	may, however, waive such one-day notification. The time requirements of this section shall not 13
59	59	apply to House bills returned from the Senate with amendment, or, after the 50
60	60	th
61	61	legislative day , 14
62	62	to any bill originating in the Senate. 15
63	63	(d) Every standing committee shall meet at least once weekly if any requests for hearings 16
64	64	on or consideration of bills or resolutions are pending before it. The right to be heard on any such 17
65	65	bill or resolution may be granted, upon written or electronic request, to the principal sponsor as 18
66	66	provided in these rules. No committee shall hear more than thirty (30) bills (exclusive of city and 19
67	67	town bills, corporate charter reinstatement bills, those to be placed on the consent calendar, and 20
68	68	duplicate senate bills that have previously passed) at any one (1) meeting. 21
69	69	(e) Upon receipt of a written request from the principal House sponsor of a bill or 22
70	70	resolution, a copy of which is to be given to the recording clerk of the committee, the committee 23
71	71	shall grant to said principal House sponsor a hearing on any said bill or resolution within thirty 24
72	72	(30) calendar days of the request, subject to Rule 12(a), and provided further, that said committee 25
73	73	shall grant to the principal House sponsor consideration of his or her bill or resolution prior to the 26
74	74	deadline for committee action on such bill or resolution, also subject to Rule 12(a). The principal 27
75	75	sponsor, with the concurrence of the Chair, may cancel a scheduled hearing with twenty-four (24) 28
76	76	hours’ notice to the Chair, which notice shall be posted electronically. The Chair may cancel a 29
77	77	bill hearing at any time, with the approval of the Speaker if in the Chair's discretion the bill is not 30
78	78	ready to be heard in the committee. A hearing postponed twice at the sponsor’s request need not 31
79	79	be re-scheduled, and shall also be subject to Rule 12(a). For the purpose of the rule, consideration 32
80	80	shall mean a majority vote on one (1) of the following: 33
81	81	(i) a motion to report the bill or resolution to the House with a recommendation of 34
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85	85	passage; 1
86	86	(ii) a motion to report the bill or resolution as amended, or in substitute form, to the 2
87	87	House with a recommendation of passage; or 3
88	88	(iii) a motion to report the bill or resolution to the House without recommendation; or 4
89	89	(iv) a motion to report the bill or resolution to the House with a recommendation of no 5
90	90	passage; or 6
91	91	(v) a motion to report the bill or resolution to the House with a recommendation that it be 7
92	92	held for further study. 8
93	93	In the event of a tie vote on any of the motions specified in (i), (ii), (iii), (iv) or (v) 9
94	94	hereof, the bill or resolution shall be lost. 10
95	95	The originals of bills or resolutions which have failed in committee shall be transmitted 11
96	96	by the committee clerks to the Secretary of State for the State Archives, with an appropriate 12
97	97	notation thereon at the time specified in R.I.G.L. 13
98	98	(f) Committee Chairs shall bring reports of committee actions to the floor no later than 14
99	99	two (2) weeks following the committee votes thereon, provided that this shall not apply to the 15
100	100	Committee on Finance, nor shall it apply to bills being held for further study under subdivision 16
101	101	(e)(v). A committee member may move reconsideration of any vote taken under Rule 12(e)(i)-(iv) 17
102	102	so long as the bill or resolution which was the subject of the vote remains in the possession of the 18
103	103	committee and that the motion is made by a member voting in the majority. A motion to 19
104	104	reconsider in committee shall not be debated. 20
105	105	Bills or resolutions concerning appropriations, revenue or expenditures shall not be 21
106	106	subject to the above time limits. 22
107	107	(g) In the event a committee fails to afford consideration to any bill or resolution within 23
108	108	the prescribed time where such consideration has been properly requested, and where no other 24
109	109	exceptions or considerations apply by the rules herein, the principal sponsor may report such 25
110	110	failure in writing to the Speaker of the House and the Speaker thereupon may order the immediate 26
111	111	discharge of the bill or resolution from a committee to the House floor. 27
112	112	(h) All bills or resolutions reported from committee shall be placed on the calendar or, 28
113	113	pursuant to the restrictions of these rules, on the consent calendar for the required period of time 29
114	114	according to these rules before House consideration. Bills and resolutions reported from 30
115	115	committees and received by the Clerk of the House prior to the convening of the session on a 31
116	116	given legislative day shall be deemed to have been received, and therefore in order to be placed 32
117	117	upon the appropriate calendar, as of that day. Bills and resolutions so received after the convening 33
118	118	of the session on a given legislative day shall be deemed to have been received, and therefore in 34
119	119
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122	122	order to be placed upon the appropriate calendar, on the next legislative day and shall be 1
123	123	considered a part of that day’s business. 2
124	124	House Rule 12(e) regarding the necessity to hold a hearing at the sponsor’s request 3
125	125	through 12(h) pertaining to the timing of placing a bill onto the floor calendar shall not apply to 4
126	126	any bill or resolution which shall have originated in the Senate. 5
127	127	(i) No public bill or resolution which originated in the House shall be considered by a 6
128	128	House committee unless the committee has held a hearing on that bill or resolution by April 13, 7
129	129	2021 (for the 2021 session) and on or before April 12, 2022 (for the 2022 session), and thereafter 8
130	130	the committees of the House shall not consider public bills or resolutions except those which have 9
131	131	been acted upon by the Senate and transmitted by the Senate to the House of Representatives, 10
132	132	provided however, that the committee on finance may hear and consider such House bills, acts or 11
133	133	resolutions as it deems to have a fiscal impact after April 13, 2021 (for the 2021 session) and after 12
134	134	April 12, 2022 (for the 2022 session), except as provided in section (j) hereof, and provided 13
135	135	further, that each other House committee may complete consideration of not more than three (3) 14
136	136	House bills or resolutions after such date, on which such committee had not been able to 15
137	137	complete action, upon approval by the Speaker of a written request from the Chair. All 16
138	138	such requests must be filed with the Clerk of the House no later than April 13, 2021 (for the 2021 17
139	139	session) and on or before April 12, 2022 (for the 2022 session). The provisions of this paragraph 18
140	140	shall not apply to House bills of which Senate duplicates have passed the House. 19
141	141	(j) No House bill which relates to an individual's pension or retirement shall be accepted 20
142	142	as a committee report from the committee on finance unless it shall have been considered by the 21
143	143	committee on or before April 13, 2021 (for the 2021 session) and on or before April 12, 2022 (for 22
144	144	the 2022 session), and shall have been heard in the committee no later than one (1) week prior to 23
145	145	that date. 24
146	146	(k) Transfers –The Speaker or the Speaker’s designee may direct the transfer of a bill or 25
147	147	resolution from one committee to another at any time. The committee receiving the transferred 26
148	148	bill or resolution must comply with the posting and time requirements of this section. 27
149	149	(l) Members of a committee shall, if present, cast a vote on legislation before the 28
150	150	committee, unless prior to the discussion of the bill and vote, the member recuses themself in 29
151	151	accordance with the provisions of the Code of Ethics, RIGL §36-14-6. The member shall sign a 30
152	152	recusal form, and the Clerk of the Committee shall note the member's recusal on the bill vote 31
153	153	sheet. 32
154	154	(m) Any proposed committee amendment to a bill, in a substitute amended bill format, 33
155	155	shall be posted in print and electronically by the chair of the committee hearing the bill at least 34
156	156
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159	159	twenty-four (24) hours prior to its committee consideration. Such postings shall be made on the 1
160	160	legislative data bulletin board and electronically. The electronic posting shall be considered the 2
161	161	official date of the posting. In the event that the electronic posting system is inoperable, then the 3
162	162	official posting shall be posted on the legislative data bulletin board. The chair of the committee 4
163	163	may waive this twenty-four (24) hours posting requirement, if he or she deems the proposed 5
164	164	amendment either technical, grammatical, or not substantive or substantial in nature. This section 6
165	165	shall not apply to the budget bill. 7
166	166	(n)(i) A bill or resolution introduced in the first-year session of a legislative term of the 8
167	167	House is eligible to be carried over as an active bill or resolution into the second-year session of 9
168	168	the legislative term at the request of the prime sponsor. 10
169	169	(ii) With written notice to the Speaker by December 31 of the first-year session of a 11
170	170	legislative term, a member may avail himself or herself of the opportunity afforded by this rule 12
171	171	three (3) times in each legislative term. Only bills or resolutions introduced in the first-year 13
172	172	session of a legislative term may be carried over pursuant to this rule. A member may request a 14
173	173	hearing in the second-year session by filing a request for hearing pursuant to subsection 12(e) of 15
174	174	this rule. 16
175	175	(3) As used herein, “legislative term” means two (2) consecutive sessions of the House of 17
176	176	Representative which corresponds with the two (2) year term of representatives pursuant to 18
177	177	Article IV, Section 1 of the Constitution of the State of Rhode Island, the first-year session of 19
178	178	which is an odd-numbered year and the second-year session of which is an even-numbered year. 20
179	179	(o) During the second year of a legislative term, any member shall, with respect to three 21
180	180	(3) bills, be permitted to require that the chair of any committee, after conducting a hearing on a 22
181	181	bill which the member was the sponsor and has been subsequently held for further study, either: 23
182	182	(1) Authorize a substitute bill at the request of the bill's sponsor; or 24
183	183	(2) Require the committee to conduct a vote on whether the bill may be sent to the House 25
184	184	floor for a vote at the request of the bill's sponsor. Any bill voted out of committee pursuant to 26
185	185	this subsection may be held and be subject to placement on the floor calendar by the chair. 27
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192	192	EXPLANATION
193	193	BY THE LEGISLATIVE COUNCIL
194	194	OF
195	195	H O U S E R E S O L U T I O N
196	196	AMENDING THE RULES O F THE HOUSE OF REPRESENTATIVES FOR THE YEARS
197	197	2021 AND 2022
198	198	***
199	199	This resolution would amend the House Rules to enable any member to have up to three 1
200	200	(3) bills during the second year of a legislative term held for further study either substituted in 2
201	201	committee or a committee vote for potential placement on the floor calendar. 3
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