HOUSE RESOLUTION NO. 2023-4601
HR 4601
ByRepresentatives Fitzgibbon and Kretz
NOW, THEREFORE, BE IT RESOLVED, That ((permanent))temporary House Rules for the ((Sixty-Seventh))Sixty-Eighth Legislature be adopted as follows:
TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES
((SIXTY-SEVENTH))SIXTY-EIGHTH LEGISLATURE ((2021-2022))2023-2024
HOUSE RULE NO.
 
 
Rule 1
Definitions
 
Rule 2
Chief Clerk to Call to Order
 
Rule 3
Election of Officers
 
Rule 4
Powers and Duties of the Speaker
 
Rule 5
Chief Clerk
 
Rule 6
Executive Rules Committee
 
Rule 7
Duties of Employees
 
Rule 8
Admission to the House
 
Rule 9
Absentees and Courtesy
 
Rule 10
Bills, Memorials and Resolutions - Introductions
 
Rule 11
Reading of Bills
 
Rule 12
Amendments
 
Rule 13
Final Passage
 
Rule 14
Hour of Meeting, Roll Call and Quorum
 
Rule 15
Daily Calendar and Order of Business
 
Rule 16
Motions
 
Rule 17
Remote Participation and Voting Permitted Upon Authorization
 
Rule 18
Members' Right to Debate
 
Rule ((18))19
Rules of Debate
 
Rule ((19))20
Ending of Debate - Previous Question
 
Rule ((20))21
Voting
 
Rule ((21))22
Reconsideration
 
Rule ((22))23
Call of the House
 
Rule ((23))24
Appeal from Decision of Chair
 
Rule ((24))25
Standing Committees
 
Rule ((25))26
Duties of Committees
 
Rule ((26))27
Standing Committees - Expenses - Subpoena Power
 
Rule ((27))28
Vetoed Bills
 
Rule ((28))29
Suspension of Compensation
 
Rule ((29))30
Smoking
 
Rule ((30))31
Liquor
 
Rule ((31))32
Parliamentary Rules
 
Rule ((32))33
Standing Rules Amendment
 
Rule ((33))34
Rules to Apply for Assembly
 
Rule ((34))35
Legislative ((Mailings))Publications
 
Rule 36
Emergency Resolution Authorized
Definitions
Rule 1.(A) "Absent" means an unexcused failure to attend.
(("Term" means the two-year term during which the members as a body may act.
"Session" means a constitutional gathering of the house in accordance with Article II § 12 of the state Constitution.))
(B) "Bill" means bill, joint memorial, joint resolution, or concurrent resolution unless the context indicates otherwise.
(C) "Committee" means any standing, conference, joint, or select committee as so designated by rule or resolution.
(D) "Fiscal committee" means the appropriations, capital budget, finance, and transportation committees.
(("Bill" means bill, joint memorial, joint resolution, or concurrent resolution unless the context indicates otherwise.))
(E) "Sergeant at arms" means the director of house security.
(F) "Session" means a constitutional gathering of the house in accordance with Article II, section 12 of the state Constitution.
(G) "Term" means the two-year term during which the members as a body may act.
Chief Clerk to Call to Order
Rule 2. It shall be the duty of the chief clerk of the previous term to call the house to order and to conduct the proceedings until a speaker is chosen.
Election of Officers
Rule 3. The house shall elect the following officers at the commencement of each term: Its presiding officer, who shall be styled speaker of the house; a speaker pro tempore, who shall serve in absence or in case of the inability of the speaker; a deputy speaker pro tempore, who shall serve in absence or in case of the inability of the speaker and speaker pro tempore; and a chief clerk of the house. Such officers shall hold office during all sessions until the convening of the succeeding term: PROVIDED, HOWEVER, That any of these offices may be declared vacant by the vote of a constitutional majority of the house, the members voting viva voce and their votes shall be entered on the journal. If any office is declared vacant, the house shall fill such vacant office as hereinafter provided. In all elections by the house a constitutional majority shall be required, the members shall vote viva voce and their votes shall be entered on the journal. (((Art. II §))Article II, section 27)
Powers and Duties of the Speaker
Rule 4. The speaker shall have the following powers and duties:
(A) The speaker shall take the chair and call the house to order precisely at the hour appointed for meeting and if a quorum be present, shall cause the journal of the preceding day to be read and shall proceed with the order of business.
(B) The speaker shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber or legislative area, shall order the sergeant at arms to suppress the same and may order the sergeant at arms to remove any person creating any disturbance within the house chamber or legislative area.
(C) The speaker may speak to points of order in preference to other members, arising from the seat for that purpose, and shall decide all questions of order subject to an appeal to the house by any member, on which appeal no member shall speak more than once without leave of the house.
(D) The speaker shall sign all bills in open session. (((Art. II §))Article II, section 32)
(E) The speaker shall sign all writs, warrants, and subpoenas issued by order of the house, all of which shall be attested to by the chief clerk.
(F) The speaker shall have the right to name any member to perform the duties of the chair, but such substitution shall neither extend beyond adjournment nor authorize the representative so substituted to sign any documents requiring the signature of the speaker.
(G) The speaker, in open session, shall appoint committee chairs as selected by the majority party caucus, and shall appoint members to committees in the same ratio as the membership of the respective parties of the house, unless otherwise provided by law or house rules.
(H) The speaker shall serve as chair of the rules committee and the executive rules committee.
(I) The speaker shall have charge of and see that all officers, attaches, and clerks perform their respective duties.
(J) The speaker pro tempore shall exercise the duties, powers, and prerogatives of the speaker in the event of the speaker's death, illness, removal, or inability to act until the speaker's successor shall be elected.
Chief Clerk
Rule 5. The chief clerk shall perform the usual duties pertaining to the office, and shall hold office until a successor has been elected.
The chief clerk shall perform all administrative duties related to the public records obligations of members of the house.
The chief clerk shall employ, subject to the approval of the speaker, all other house employees; the hours of duty and assignments of all house employees shall be under the chief clerk's directions and instructions, and they may be dismissed by the chief clerk with the approval of the speaker. The speaker shall sign and the chief clerk shall countersign all payrolls and vouchers for all expenses of the house and appropriately transmit the same. In the event of the chief clerk's death, illness, removal, or inability to act, the speaker may appoint an acting chief clerk who shall exercise the duties and powers of the chief clerk until the chief clerk's successor shall be elected.
Executive Rules Committee
Rule 6. The executive rules committee is hereby established to oversee administrative operations of the house. The committee consists of four members of the majority caucus and three members of the minority caucus, to be named by the speaker and minority leader respectively.
Duties of Employees
Rule 7. Employees of the house shall perform such duties as are assigned to them by the chief clerk. Under no circumstances shall the compensation of any employee be increased for past services. No house employee shall seek to influence the passage or rejection of proposed legislation.
Admission to the House
Rule 8. It shall be the general policy of the house to keep the chamber clear as follows:
(A) The sergeant at arms shall admit only the following individuals to the wings and adjacent areas of the house chamber for the period of time beginning one-half hour prior to convening and ending one-half hour following the adjournment of the house's daily session:
The governor or designees, or both;
Members of the senate;
State elected officials;
Officers and authorized employees of the legislature;
Former members of the house who are not advocating any pending or proposed legislation;
Representatives of the press;
Other persons with the consent of the speaker.
(B) Only members of the house, pages, sergeants at arms, and clerks are permitted on the floor while the house is in session.
(C) Lobbying in the house chamber or in any committee room or lounge room is prohibited when the house or committee is in session unless expressly permitted by the house or committee. Anyone violating this rule will forfeit ((his or her))their right to be admitted to the house chamber or any of its committee rooms.
Absentees and Courtesy
Rule 9. No member shall be absent from the service of the house without leave from the speaker. When the house is in session, only the speaker shall recognize visitors and former members.
Bills, Memorials and Resolutions - Introductions
Rule 10. Any member desiring to introduce a bill shall file the same with the chief clerk. Bills filed by 10:00 a.m. shall be introduced at the next daily session, in the order filed: PROVIDED, That if such introduction is within the last ten days of a regular session, it cannot be considered without a direct vote of two-thirds (2/3) of all the members elected to each house with such vote recorded and entered upon the journal. (((Art. II §))Article II, section 36)
Any returning member or member-elect may prefile a bill with the chief clerk commencing the first Monday in December preceding any regular session or twenty (20) days before any special session. Prefiled bills shall be introduced on the first legislative day.
All bills shall be endorsed with a statement of the title and the name of the member or members introducing the same. The chief clerk shall attach to all bills a substantial cover bearing the title and sponsors and shall number each bill in the order filed. All bills shall be printed unless otherwise ordered by the house.
Any bill introduced at any session during the term shall be eligible for action at all subsequent sessions during the term.
No house bill may be introduced that is identical to any other pending house bill.
Reading of Bills
Rule 11. Every bill shall be read on three separate days: PROVIDED, That this rule may be temporarily suspended at any time by a two-thirds (2/3) vote of the members present; and that on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended by a majority vote.
A bill may be returned to second reading for the purpose of amendment by a suspension of the rules: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended and a bill returned to second reading for the purpose of amendment by a majority vote.
(A) FIRST READING. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.
After the first reading the bill shall be referred to an appropriate committee.
Upon being reported out of committee, all bills shall be referred to the rules committee, unless otherwise ordered by the house.
The rules committee may, by majority vote, refer any bill in its possession to a committee for further consideration. Such referral shall be reported to the house and entered in the journal under the fifth order of business.
(B) SECOND READING. Upon second reading, the bill number and short title and the last line of the bill shall be read unless a majority of the members present shall demand its reading in full. The bill shall be subject to amendment section by section. No amendment shall be considered by the house until it has been sent to the chief clerk's desk in writing or electronically, distributed to the desk of each member or made available to each member electronically, and read by the clerk. All amendments adopted during second reading shall be securely fastened to the original bill. All amendments rejected by the house shall be passed to the minute clerk, and the journal shall show the disposition of such amendments.
When no further amendments shall be offered, the speaker shall declare the bill has passed its second reading.
(C) SUBSTITUTE BILLS. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute the first time and have the same printed. A motion for the substitution shall not be in order until the second reading of the original bill.
(D) THIRD READING. Only the last line of bills shall be read on third reading unless a majority of the members present demand a reading in full. No amendments to a bill shall be received on third reading but it may be referred or recommitted for the purpose of amendment.
(E) SUSPENSION CALENDAR. Bills may be placed on the second reading suspension calendar by the rules committee if at least two minority party members of the rules committee join in such motion. Bills on the second reading suspension calendar shall not be subject to amendment or substitution except as recommended in the committee report. When a bill is before the house on the suspension calendar, the question shall be to adopt the committee recommendations and advance the bill to third reading. If the question fails to receive a two-thirds vote of the members present, the bill shall be referred to the rules committee for second reading.
(F) HOUSE RESOLUTIONS. House resolutions shall be filed with the chief clerk who shall transmit them to the rules committee. If a rules committee meeting is not scheduled to occur prior to a time necessitated by the purpose of a house resolution, the majority leader and minority leader by agreement may waive transmission to the rules committee to permit consideration of the resolution by the house. The rules committee may adopt house resolutions by a sixty percent majority vote of its entire membership or may, by a majority vote of its members, place them on the motions calendar for consideration by the house. House resolutions are not subject to debate, except for resolutions necessary for the operation of the house, and resolutions commemorating Children's Day, Day of Remembrance, Martin Luther King Jr. Day, National Guard Day, and President's Day.
(G) CONCURRENT RESOLUTIONS. Reading of concurrent resolutions may be advanced by majority vote.
Amendments
Rule 12. The right of any member to offer amendments to proposed legislation shall not be limited except as provided in Rule 11(E) and as follows:
(A) AMENDMENTS TO BE OFFERED IN PROPER FORM. The chief clerk shall establish the proper form for amendments and all amendments offered shall bear the name of the member who offers the same, as well as the number and section of the bill to be amended.
(B) COMMITTEE AMENDMENTS. When a bill is before the house on second reading, amendments adopted by committees and recommended to the house shall be acted upon by the house before any amendments that may be offered from the floor.
(C) SENATE AMENDMENTS TO HOUSE BILLS. A house bill, passed by the senate with amendment or amendments which shall change the scope and object of the bill, upon being received in the house, shall be referred to the appropriate committee and shall take the same course as for original bills unless a motion not to concur is adopted prior to the bill being referred to committee.
(D) AMENDMENTS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment; and no bill or resolution shall at any time be amended by annexing thereto or incorporating therein any other bill or resolution pending before the house.
(E) SCOPE AND OBJECT NOT TO BE CHANGED. No amendment to any bill shall be allowed which shall change the scope and object of the bill. This objection may be raised at any time an amendment is under consideration. The speaker may allow the person raising the objection and the mover of the amendment to provide brief arguments as to the merits of the objection. (((Art. II §))Article II, section 38)
(F) NO AMENDMENT BY REFERENCE. No act shall ever be revised or amended without being set forth at full length. (((Art. II §))Article II, section 37)
(G) TITLE AMENDMENTS. The subject matter portion of a bill title shall not be amended in committee or on second reading. Changes to that part of the title after the subject matter statement shall either be presented with the text amendment or be incorporated by the chief clerk in the engrossing process.
(H) DATE AND TIME FOR AMENDMENT SUBMISSION. To facilitate the orderly consideration of proposed legislation, the speaker, after consultation with the minority leader, may establish a date and time for submission of amendments.
Final Passage
Rule 13. Rules relating to bills on final passage are as follows:
(A) BUDGET BILLS. No final passage vote may be taken on an operating budget, transportation budget, or capital budget bill until twenty-four (24) hours after the bill is placed on the third reading calendar. The twenty-four (24) hour requirement does not apply to conference reports, which are governed by the Joint ((Rule 20))Rules of the Senate and the House of Representatives, or to bills placed on the third reading calendar by a two-thirds (2/3) vote of the members present.
(B) RECOMMITMENT BEFORE FINAL PASSAGE. A bill may be recommitted at any time before its final passage.
(C) FINAL PASSAGE. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. (((Art. II §))Article II, section 22)
(D) BILLS PASSED - CERTIFICATION. When a bill passes, it shall be certified to by the chief clerk, said certification to show the date of its passage together with the vote thereon.
Hour of Meeting, Roll Call and Quorum
Rule 14. (A) HOUR OF MEETING. The speaker shall call the house to order each day of sitting at 10:00 A.M., unless the house shall have adjourned to some other hour.
(B) ROLL CALL AND QUORUM. Before proceeding with business, the roll of the members shall be called and the names of those absent or excused shall be entered on the journal. A majority of all the members elected must be present to constitute a quorum for the transaction of business. In the absence of a quorum, seven members with the speaker, or eight members in the speaker's absence, having chosen a speaker pro tempore, shall be authorized to demand a call of the house and may compel the attendance of absent members in the manner provided in Rule ((22))23(B). Any member participating remotely in house proceedings as provided in Rule 17 shall be considered present for purposes of a quorum. For the purpose of determining if a quorum be present, the speaker shall count all members present, whether voting or not. (((Art. II §))Article II, section 8)
(C) The house shall adjourn not later than 10:00 P.M. of each working day. This rule may be suspended by a majority vote.
Daily Calendar and Order of Business
Rule 15. The rules relating to the daily calendar and order of business are as follows:
(A) DAILY CALENDAR. Business of the house shall be disposed of in the following order:
First: Roll call, presentation of colors, prayer, and approval of the journal of the preceding day.
Second: Introduction of visiting dignitaries.
Third: Messages from the senate, governor, and other state officials.
Fourth: Introduction and first reading of bills, memorials, joint resolutions, and concurrent resolutions.
Fifth: Committee reports.
Sixth: Second reading of bills.
Seventh: Third reading of bills.
Eighth: Floor resolutions and motions.
Ninth: Presentation of petitions, memorials, and remonstrances addressed to the Legislature.
Tenth: Introduction of visitors and other business to be considered.
Eleventh: Announcements.
(B) UNFINISHED BUSINESS. The unfinished business at which the house was engaged preceding adjournment shall not be taken up until reached in regular order, unless the previous question on such unfinished business has been ordered prior to said adjournment.
(C) EXCEPTIONS. Exceptions to the order of business are as follows:
(1) The order of business may be changed by a majority vote of those present.
(2) By motion under the eighth order of business, a bill in the rules committee may be placed on the calendar by the affirmative vote of a majority of all members of the house.
(3) House resolutions and messages from the senate, governor, or other state officials may be read at any time.
Motions
Rule 16. Rules relating to motions are as follows:
(A) MOTIONS TO BE ENTERTAINED OR DEBATED. No motion shall be entertained or debated until announced by the speaker and every motion shall be deemed to have been seconded. A motion shall be reduced to writing and read by the clerk, if desired by the speaker or any member, before it shall be debated and by the consent of the house may be withdrawn before amendment or action.
(B) MOTIONS IN ORDER DURING DEBATE. When a motion has been made and seconded and stated by the chair, the following motions are in order, in the rank named:
 
(1)
Privileged motions:
 
 
 
Adjourn
 
 
 
Adjourn to a time certain
 
 
 
Recess to a time certain
 
 
 
Reconsider
 
 
 
Demand for division
 
 
 
Question of privilege
 
 
 
Orders of the day
 
 
 
 
 
(2)
Subsidiary motions:
 
 
 
First rank:
Question of consideration
 
 
 
Second rank:
To lay on the table
 
 
 
Third rank:
For the previous question
 
 
 
Fourth rank:
To postpone to a day certain
 
 
 
 
To commit or recommit
 
 
 
 
To postpone indefinitely
 
 
 
Fifth rank:
To amend
 
 
 
 
 
 
(3)
Incidental motions:
 
 
 
Points of order and appeal
 
 
 
Method of consideration
 
 
 
Suspension of the rules
 
 
 
Reading papers
 
 
 
Withdraw a motion
 
 
 
Division of a question
(C) THE EFFECT OF POSTPONEMENT - MOTIONS TO POSTPONE OR COMMIT. Once decided, no motion to postpone to a day certain, to commit, or to postpone indefinitely shall again be allowed on the same day and at the same stage of the proceedings. When a question has been postponed indefinitely, it shall not again be introduced during the session. The motion to postpone indefinitely may be made at any stage of the bill except when on first reading.
(D) MOTIONS DECIDED WITHOUT DEBATE. A motion to adjourn, to recess, to lay on the table and to call for the previous question shall be decided without debate.
All incidental motions shall be decided without debate, except that members may speak to points of order and appeal as provided in Rule ((23))24.
Motions to adopt house resolutions shall be decided without debate, except as provided in Rule 11(F).
A motion for suspension of the rules shall not be debatable except that the mover of the motion may briefly explain the purpose of the motion and one member may briefly state the opposition to the motion.
(E) MOTION TO ADJOURN. A motion to adjourn shall always be in order, except when the house is voting or is working under the call of the house; but this rule shall not authorize any member to move for adjournment when another member has the floor.
Remote Participation and Voting Permitted Upon Authorization
Rule 17. The majority leader and minority leader or their designees may authorize members of their respective caucuses to participate remotely in official house proceedings, including committee meetings and floor sessions, upon the request of a member who is experiencing a medical condition or illness that prevents in-person participation. Once authorized, any member participating remotely shall be considered present for purposes of a quorum and voting. Members participating remotely shall use the computer and virtual background provided by the house during all committee meetings and floor proceedings. The majority leader and minority leader or their designees shall determine when the member's authorization to participate remotely ends.
Members' Right to Debate
Rule ((17))18. The methods by which a member may exercise ((his or her))their right to debate are as follows:
(A) RECOGNITION OF MEMBER. When any member desires to speak in debate or deliver any matter to the house, the member shall rise and respectfully address the speaker and pause until recognized. Any member participating remotely in house proceedings as provided in Rule 17 who desires to speak may request to be recognized by use of the request to speak button in the remote floor activity system.
(B) ORDER OF SPEAKING. When two or more members arise at once, the speaker shall name the one who is to speak.
(C) LIMITATION OF DEBATE. No member shall speak longer than ten (10) minutes without consent of the house: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, section 12 of the state Constitution or concurrent resolution, or on and after the ((third))fifth day prior to the day any bill must be reported from the house as established by concurrent resolution, no member shall speak more than three (3) minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house: PROVIDED, That the chair of the committee or the mover of the question may close debate if it is consistent with Rule ((19))20 (Previous Question).
Rules of Debate
Rule ((18))19. The rules for debate in the house are as follows:
(A) QUESTION OF PRIVILEGE. Any member may rise to a question of privilege and explain a personal matter, by leave of the speaker, but the member shall not discuss any pending question in such explanations.
(B) WITHDRAWAL OF MOTION, BILL, ETC. After a motion is stated by the speaker or a bill, memorial, resolution, petition, or remonstrance is read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn by consent of the house at any time before decision or amendment.
(C) READING OF A PAPER. When the reading of any paper is called for and is objected to by any member, it shall be determined by a vote of the house.
(D) DISTRIBUTION OF MATERIALS. Any materials of any nature distributed to the members' desks on the floor shall be subject to approval by the speaker and shall bear the name of at least one member ((granting))granted permission for the distribution. Any member participating remotely as provided in Rule 17 who wishes to distribute materials subject to the speaker's approval may do so electronically. All materials approved for distribution shall be provided electronically to members participating remotely to the extent practicable. This shall not apply to materials normally distributed by the chief clerk.
(E) ORDER OF QUESTIONS. All questions, whether in committee or in the house, shall be propounded in the order in which they are named except that in filling blanks, the largest sum and the longest time shall be put first.
(F) DIVISION OF POINTS OF DEBATE. Any member may call for a division of a question which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the house; but a motion to strike out and to insert shall not be divided. The rejection of a motion to strike out and to insert one proposition shall not prevent a motion to strike out and to insert a different proposition.
(G) DECORUM OF MEMBERS. While the speaker is putting the question, no member shall walk across or out of the house; nor when a member is speaking shall any member entertain private discourse or pass between the speaking member and the rostrum.
(H) REMARKS CONFINED. A member shall confine all remarks to the question under debate and avoid personalities. No member shall impugn the motive of any member's vote or argument.
(I) EXCEPTION TO WORDS SPOKEN IN DEBATE. If any member be called to order for words spoken in debate, the person calling the member to order shall repeat the words excepted to and they shall be taken down in writing at the clerk's table. No member shall be held in answer or be subject to the censure of the house for words spoken in debate if any other member has spoken before exception to them shall have been taken.
(J) TRANSGRESSION OF RULES - APPEAL. If any member, in speaking or otherwise, transgresses the rules of the house the speaker shall, or any member may, call the member to order, in which case the member so called to order shall immediately sit down unless permitted to explain; and the house shall, if appealed to, decide the case without debate; if there be no appeal, the decision of the chair shall prevail.
If the decision be in favor of the member called to order, the member shall be at liberty to proceed; if otherwise, and the case shall require it, the member shall be liable to the censure of the house.
Ending of Debate - Previous Question
Rule ((19))20. The previous question may be ordered by a two-thirds (2/3) vote of the members present on all recognized motions or amendments which are debatable.
The previous question is not debatable and cannot be amended.
The previous question shall be put in this form: "Representative __________ demands the previous question. As many as are in favor of ordering the previous question will say 'Aye'; as many as are opposed will say 'No'."
The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if decided in the affirmative it shall have the effect of cutting off all debate and bringing the house to a direct vote upon the motion or amendment on which it has been ordered: PROVIDED HOWEVER, That when a bill is on final passage or when the motion to postpone indefinitely is pending, one of the sponsors of the bill or the chair of the committee may have the privilege of closing debate after the previous question has been ordered.
If an adjournment is had after the previous question is ordered, the motion or proposition on which the previous question was ordered shall be put to the house immediately following the approval of the journal on the next working day, thus making the main question privileged over all other business, whether new or unfinished.
Voting
Rule ((20))21. (A) PUTTING OF QUESTION. The speaker shall put the question in the following form: "The question before the house is (state the question). As many as are in favor say 'Aye'; and after the affirmative vote is expressed, "as many as are opposed say 'No'."
(B) ALL MEMBERS TO VOTE. ((Every))Except as provided in subsection (G), every member who was in the house or participating remotely in house proceedings as provided in Rule 17 when the question was put shall vote unless, for special reasons, excused by the house.
All motions to excuse a member shall be made before the house divides or before the call for yeas and nays is commenced; and any member requesting to be excused from voting may make a brief and verbal statement of the reasons for making such request, and the question shall then be taken without further debate.
(C) COUNT OF THE HOUSE. Upon a division and count of the house on the question, only members at their desks within the bar of the house or participating remotely in house proceedings as provided in Rule 17 shall be counted.
(((C)))(D) CHANGE OF VOTE. When the electric roll call machine is used, no member shall be allowed to vote or change a vote after the speaker has locked the roll call machine. When an oral roll call is taken, no member shall be allowed to vote or change a vote after the result has been announced.
(((D)))(E) PRIVATE INTEREST. No member shall vote on any question which affects that member privately and particularly. A member who has a private interest in any bill or measure proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. (((Art. II §))Article II, section 30)
(((E)))(F) INTERRUPTION OF ROLL CALL. Once begun, the roll call may not be interrupted. No member or other person shall visit or remain at the clerk's desk while the yeas and nays are being called.
(((F)))(G) MOTIONS NOT REQUIRING A RECORDED ROLL CALL VOTE. Members in the house and members participating remotely in house proceedings as provided in Rule 17 may vote on any motion not requiring a recorded roll call vote, including when the house divides. Members participating remotely may vote using the remote floor activity system.
(H) INABILITY TO VOTE USING REMOTE VOTING FUNCTION. A member participating remotely in house proceedings as provided in Rule 17 who is unable to vote using the remote voting function on any motion requiring a recorded roll call vote may vote orally. If a member is unable to vote using the remote voting function or orally, the rostrum staff shall contact the member by telephone and the member's vote may be taken by telephone to rostrum staff after the member answers security questions to verify the identity of the member. The rostrum staff will announce the vote of the member, which shall be recorded.
(I) YEAS AND NAYS - RECORDED VOTES. Upon the final passage of any bill, the vote shall be taken by yeas and nays and shall be recorded by the electric voting system: PROVIDED, HOWEVER, That an oral roll call shall be ordered when demanded by one-sixth (1/6) of the members present. (((Art. II §))Article II, section 21)
The speaker may vote last when the yeas and nays are called.
When the vote is by electric voting machine or by oral roll call on any question, it shall be entered upon the journal of the house. A recorded vote may be compelled by one-sixth (1/6) of the members present. A request for a recorded vote must be made before the vote is commenced.
(((G)))(J) TIE VOTE, QUESTION LOSES. In case of an equal division, the question shall be lost.
(((H)))(K) DIVISION. If the speaker is in doubt, or if division is called for by any member, the house shall divide.
(((I)))(L) STATEMENT FOR JOURNAL. A member whose recorded vote does not accurately reflect ((his or her))their intent may submit a written statement for the journal clarifying their intent to vote aye or nay. The statement must be submitted to the chief clerk on the same day the vote is taken. A member who is excused for one or more days of recorded votes may submit a written statement for the journal explaining the reason for ((his or her))their absence. The statement may not exceed ((fifty))50 words and must be submitted to the chief clerk on the same day the member returns. A member participating remotely in house proceedings as provided in Rule 17 who was unable to vote using the remote voting function, orally, or by telephone may submit a statement for the journal within 48 hours indicating their intent to vote yea or nay.
Reconsideration
Rule ((21))22. Notice of a motion for reconsideration on the final passage of bills shall be made on the day the vote to be reconsidered was taken and before the house has voted to transmit the bill to the senate.
Reconsideration of the votes on the final passage of bills must be taken on the next working day after such vote was taken: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, section 12 of the state Constitution, or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, then reconsideration of votes on the final passage of bills must be taken on the same day as the original vote was taken: AND PROVIDED FURTHER, That any member participating remotely in house proceedings as provided in Rule 17 who was unable to vote using the remote voting function, orally, or by telephone may require reconsideration of the vote on the final passage of bills the same day the vote is taken.
A motion to reconsider an amendment may be made at any time the bill remains on second reading.
Any member who voted on the prevailing side may move for reconsideration or give notice thereof.
A motion to reconsider can be decided only once when decided in the negative.
When a motion to reconsider has been carried, its effect shall be to place the original question before the house in the exact position it occupied before it was voted upon.
Call of the House
Rule ((22))23. One-sixth (1/6) of the members present may demand a call of the house at any time before the house has divided or the voting has commenced by yeas and nays.
(A) DOORS TO BE CLOSED. When call of the house has been ordered, the sergeant at arms shall close and lock the doors, and no member shall be allowed to leave the chamber: PROVIDED, That the rules committee shall be allowed to meet, upon request of the speaker, while the house stands at ease: AND PROVIDED FURTHER, That the speaker may permit members to use such portions of the fourth floor as may be properly secured.
(B) SERGEANT AT ARMS TO BRING IN THE ABSENTEES. The clerk shall immediately call a roll of the members and note the absentees, whose names shall be read and entered upon the journal in such manner as to show who are excused and who are absent without leave. A member authorized to participate remotely in house proceedings as provided in Rule 17 who is visible at the time of the roll call through the remote floor activity system shall not be considered absent or absent without leave.
The clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall proceed to bring in such absentees; but arrests of members for absence shall not be made unless ordered by a majority of the members present.
(C) HOUSE UNDER CALL. While the house is under a call, no business shall be transacted except to receive and act on the report of the sergeant at arms; and no other motion shall be in order except a motion to proceed with business under the call of the house, a motion to excuse absentees, or a motion to dispense with the call of the house. The motion to proceed with business under the call of the house and the motion to excuse absent members shall not be adopted unless a majority of the members elected vote in favor thereof. The motion to dispense with the call of the house may be adopted by a majority of the members present.
Appeal from Decision of Chair
Rule ((23))24. The decision of the chair may be appealed from by any member, on which appeal no member shall speak more than once unless by leave of the house. In all cases of appeal, the question shall be: "Shall the decision of the chair stand as the judgment of the house?"
Standing Committees
Rule ((24))25. The standing committees of the house and the number of members that shall serve on each committee shall be as follows:
((1. Appropriations. . . .33
2. Capital Budget. . . .23
3. Children, Youth & Families. . . .13
4. Civil Rights & Judiciary. . . .17
5. College & Workforce Development. . . .13
6. Commerce & Gaming. . . .9
7. Community & Economic Development. . . .13
8. Consumer Protection & Business. . . .7
9. Education. . . .13
10. Environment & Energy. . . .13
11. Finance. . . .17
12. Health Care & Wellness. . . .15
13. Housing, Human Services & Veterans. . . .9
14. Labor & Workplace Standards. . . .7
15. Local Government. . . .7
16. Public Safety. . . .13
17. Rules. . . .27
18. Rural Development, Agriculture & Natural Resources. . . .15
19. State Government & Tribal Relations. . . .7
20. Transportation. . . .29))
1. Agriculture & Natural Resources. . . .11
2. Appropriations. . . .31
3. Capital Budget. . . .29
4. Civil Rights & Judiciary. . . .11
5. Community Safety, Justice & Reentry. . . .9
6. Consumer Protection & Business. . . .13
7. Education. . . .15
8. Environment & Energy. . . .15
9. Finance. . . .13
10. Health Care & Wellness. . . .17
11. Housing. . . .13
12. Human Services, Youth & Early Learning. . . .11
13. Innovation, Community Economic Development & Veterans. . . .15
14. Labor & Workplace Standards. . . .9
15. Local Government. . . .7
16. Postsecondary Education & Workforce. . . .15
17. Regulated Substances & Gaming. . . .11
18. Rules. . . .24
19. State Government & Tribal Relations. . . .7
20. Transportation. . . .29
Committee members shall be selected by each party's caucus. The majority party caucus shall select all committee chairs. "Committee chair" includes committee cochairs.
Duties of Committees
Rule ((25))26. House committees shall operate as follows:
(A) NOTICE OF COMMITTEE MEETING. The chief clerk shall make public the time, place and subjects to be discussed at committee meetings. All public hearings held by committees shall be scheduled with at least five (5) ((days in advance))days' notice, including the day of notice and day of hearing, and shall be given adequate publicity: PROVIDED, That when less than eight (8) days remain for action on a bill, the Speaker may authorize a reduction of the five-day notice period when required by the circumstances, including but not limited to the time remaining for action on the bill, the nature of the subject, and the number of prior hearings on the subject.
(B) COMMITTEE QUORUM. A majority of any committee shall constitute a quorum for the transaction of business.
(C) SESSION MEETINGS. No committee shall sit while the house is in session without special leave of the speaker.
(D) DUTIES OF STANDING COMMITTEES.
(1) Only such bills as are included on the written notice of a committee meeting may be considered at that meeting ((except upon the vote of a majority of the entire membership of the committee to consider another bill)).
(2) A majority recommendation of a committee must be ((signed))made by a majority of the entire membership of the committee in a regularly called meeting before a bill, memorial, or resolution may be reported out: PROVIDED, That by motion under the eighth order of business, a majority of the members elected to the house may relieve a committee of a bill and place it on the second reading calendar.
Majority recommendations of a committee can only be "do pass," "do pass as amended," or that "the substitute bill be substituted therefor and that the substitute bill do pass."
(3) Members of the committee not concurring in the majority report may ((prepare))make a written minority report containing a recommendation of "do not pass" or "without recommendation," which shall be ((signed))joined by those members of the committee subscribing thereto, and submitted with the majority report.
(4) Every recommendation and report shall be made by members of the committee during the regularly called meeting of the committee. No signatures are required.
(5) All committee reports shall be spread upon the journal. The journal of the house shall contain an exact copy of all committee reports, together with the names of the members ((signing))joining in the majority and minority recommendations contained in such reports.
(((5)))(6) Every vote to report a bill out of committee shall be taken by the yeas and nays, with the nays specifying "do not pass" or "without recommendation" and the names of the members voting for and against, as well as the names of members absent, shall be recorded on the committee report. Any member may call for a recorded vote, which shall include the names of absent members, on any substantive question before the committee. A copy of all recorded committee votes shall be kept by the chief clerk and shall be available for public inspection.
(((6)))(7) A member participating remotely in house proceedings as provided in Rule 17 who is unable to vote on a bill in committee for technical reasons may submit a statement for the bill file indicating their intent to have voted yea, nay-do not pass, or nay-without recommendation. The statement must be submitted to the chief clerk on the same day the vote is taken.
(8) All bills having a direct appropriation shall be referred to the appropriate fiscal committee before their final passage.
(((7)))(9) No standing committee shall vote by secret written ballot on any issue.
(((8)))(10) During its consideration of or vote on any bill, resolution, or memorial, the deliberations of any standing committee of the House of Representatives shall be open to the public.
(((9)))(11) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, consider whether the bill authorizes rule-making powers or requires the exercise of rule-making powers and, if so, consider:
(a) The nature of the new rule-making powers; and
(b) To which agencies the new rule-making powers would be delegated and which agencies, if any, may have related rule-making powers.
(((10)))(12) Insofar as practicable, testimony in public hearings should be balanced between those in support of and in opposition to proposed legislation, with consideration given to providing an opportunity for members of the public to testify within available time.
Standing Committees - Expenses - Subpoena Power
Rule ((26))27. Regardless of whether the legislature is in session, members of the house may receive from moneys appropriated for the legislature, reimbursement for necessary travel expenses, and payments in lieu of subsistence and lodging for conducting official business of the house.
The standing committees of the house may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. Before a standing committee of the house may issue any process, the committee ((chairperson))chair shall submit for approval of the executive rules committee a statement of purpose setting forth the name or names of those subject to process. The process shall not be issued prior to approval by the executive rules committee. The process shall be limited to the named individuals.
Vetoed Bills
Rule ((27))28. Veto messages of the governor shall be read in the house and entered upon the journal. It shall then be in order to proceed to reconsider the bill, refer it, lay it on the table, or postpone its consideration to a day certain.
The merits of the bill may be debated before the vote is taken, but the vote on a vetoed bill cannot be reconsidered.
In case of a bill containing several sections or items, one or more of which has been objected to by the governor, each section or item so objected to shall be voted upon separately by the house. Action by the house upon all vetoed bills shall be endorsed upon the bill and certified by the speaker.
Vetoed bills originating in the house, which have not been passed notwithstanding the veto of the governor, shall remain in the custody of the officers of the house until the close of the term, after which they shall be filed with the secretary of state.
Suspension of Compensation
Rule ((28))29. (1) Any member of the House of Representatives convicted and sentenced for any felony punishable by death or by imprisonment in a Washington state penal institution shall, as of the time of sentencing, be denied the legislative salary for future service and be denied per diem, compensation for expenses, office space facilities, and assistance. Any member convicted of a felony and sentenced therefor under any federal law or the law of any other state shall, as of the time of sentencing, be similarly denied such salary, per diem, expenses, facilities, and assistance if either (a) such crime would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution, or (b) the conduct resulting in the conviction and sentencing would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution.
(2) At any time, the house may vote by a constitutional majority to restore the salary, per diem, expenses, facilities, and assistance denied a member under subsection (1). If the conviction of a member is reversed, then the salary, per diem, and expense amounts denied the member since sentencing shall be forthwith paid, and the member shall thereafter have the rights and privileges of other members.
Smoking and Vaping
Rule ((29. Smoking of cigarettes, pipes, or cigars shall not be permitted at any public meeting of any committee of the house of representatives or within House facilities.
"No smoking" signs shall be posted so as to give notice of this rule))30. To provide a safe and healthy environment for all members, employees, and the public, smoking and vaping shall not be permitted at any public meeting of the House of Representatives or within house facilities. Smoking includes the lighting of cigarettes, pipes, or cigars. Vaping includes the use of electronic nicotine delivery systems or electronic smoking devices such as e-cigarettes, e-pipes, or e-cigars.
Liquor
Rule ((30))31. The House of Representatives shall strictly adhere to the liquor laws of the state of Washington, including provisions relating to banquet and special occasion permits. The proper permits must always be obtained before consumption of liquor in any house facility.
Parliamentary Rules
Rule ((31))32. The rules of parliamentary practice comprised in Reed's Parliamentary Rules shall govern all cases in which they are not inconsistent with the standing rules and orders of the house.
Standing Rules Amendment
Rule ((32))33. Any standing rule may be rescinded or changed by a majority vote of the members elected: PROVIDED, That the proposed change or changes be submitted at least one day in advance in writing to the members together with notice of the consideration thereof. Any standing rule may be suspended temporarily by a two-thirds (2/3) vote of the members present except as provided in Rule 11.
Rules to Apply for Assembly
Rule ((33))34. The permanent house rules adopted at the beginning of the term are to govern all acts of the house during the course of the term unless amended or repealed.
Legislative Publications
Rule ((34))35. The House of Representatives directs the house executive rules committee to adopt procedures and guidelines to ensure that all legislative publications at public expense are for legitimate legislative purposes.
((Appendix to House Rules
The House of Representatives of the sixty-seventh legislature acknowledges that the COVID-19 pandemic requires the adoption of extraordinary rules of procedure that protect the health of members, staff, and the public, and ensure transparency and openness in house proceedings.
Pursuant to Article II, section 9 of the state Constitution, the House of Representatives hereby adopts the following Appendix Rules A-1 through A-10 to govern its proceedings during the COVID-19 state of emergency.
Application of Rules
Rule A-1. Reed's Parliamentary Rules and the Rules of the House of Representatives are hereby superseded to the extent they are inconsistent with the rules set forth in this appendix.
Remote Participation and Voting Authorized
Rule A-2. House members shall participate remotely in official house proceedings, including committee meetings and floor sessions, and when doing so, shall be considered present for purposes of a quorum and voting.
Members are encouraged to use computers provided by the house to participate in committee meetings and are encouraged to use the virtual background provided by the house in their video display. Members are required to use computers provided by the house to cast votes in remote floor sessions and are required to use the virtual background provided by the house for their video display.
Reasonable accommodations provided to a member due to a disability must include provisions necessary to facilitate participation in remote proceedings.
Admittance to House Facilities
Rule A-3. Admittance to house facilities is permitted only as follows:
(1) The speaker, the speaker pro tempore, the deputy speaker pro tempore, the minority leader, the majority floor leader, the minority floor leader, and staff essential to floor operations are permitted in the chamber during floor proceedings.
(2) The executive rules committee may authorize additional members to be admitted to the chamber during floor proceedings.
(3) Including the above referenced members, each caucus may designate 15 members to participate remotely from their assigned legislative offices. Each caucus must prioritize members with technological problems that preclude remote participation.
(4) The executive rules committee may authorize additional members of the house to participate remotely from their assigned legislative offices upon a showing that technological problems preclude participation from the member's home or an alternate district location.
(5) Staff may access house facilities only with prior approval of the chief clerk.
(6) Any person permitted access to house facilities must comply with public health requirements both on and off campus, and any other restriction established by executive rules and/or the chief clerk.
(7) The chief clerk shall continue to review public health data and guidance and periodically update the executive rules committee. The executive rules committee may modify provisions relating to admittance to house facilities as conditions warrant.
House Resolutions
Rule A-4. House resolutions are not subject to debate, except for resolutions necessary for the operation of the house, and resolutions commemorating Day of Remembrance, Martin Luther King Jr. Day, President's Day, and National Guard Day. Floor debate on commemorative resolutions is limited to 10 minutes for members of the majority caucus and 10 minutes for members of the minority caucus.
Members Right to Debate
Rule A-5. Any member who desires to speak may request to be recognized by use of the request to speak function in the remote floor activity system.
No member may speak longer than 10 minutes without consent of the house, PROVIDED, that on and after the fifth day prior to the day of adjournment Sine Die of any session, as determined by Article II, section 12 of the state Constitution or concurrent resolution, and on and after the fifth day prior to the day any bill must be reported from the house as established by concurrent resolution, no member may speak more than three minutes without consent of the house.
Amendments
Rule A-6. To facilitate the orderly consideration of legislation, the speaker, after consultation with the minority leader, may establish a deadline for submission of amendments.
Voting
Rule A-7. The speaker shall divide the house on all motions not requiring a recorded roll call vote. A member is not required to participate in a division vote.
All members present in the remote floor proceedings shall vote when the question is put on any motion requiring a recorded roll call vote. Before locking the roll call machine, the speaker shall call the name of any member not voting. If a member is unable to vote using the remote voting function, the member may vote orally. If a member is unable to vote using the remote voting function or orally, the rostrum staff shall contact the member by telephone and the member's vote may be taken by telephone to rostrum staff after the member answers security questions to verify the identity of the member. The rostrum staff will announce the vote of the member, which shall be recorded.
Any member who was unable to vote using the remote voting function, orally, or by telephone may require reconsideration of the vote on the same day the vote is taken or submit a statement for the journal within 48 hours indicating their intent to vote yea or nay.
Distribution of Materials
Rule A-8. Any requirement to distribute materials to members' desks is satisfied by distribution through electronic means.
Duties of Committees
Rule A-9. Every notice of a committee meeting shall include a web address for information about viewing and providing public testimony at committee meetings in lieu of a physical location.
Every member participating remotely in a committee meeting shall be considered present for purposes of quorum and roll call voting.
Only such bills as are included on the written notice of a committee meeting may be considered at that meeting.
Every report and recommendation shall be made by members of the committee during a regularly called meeting of the committee. No signatures are required.
Every vote to report a bill out of committee shall be taken by the yeas and nays, with nays specifying "do not pass" or "without recommendation."
A member who is unable to vote on a bill in committee for technical reasons may submit a statement for the bill file indicating their intent to have voted aye, nay-do not pass, or nay-without recommendation. The statement must be submitted to the chief clerk on the same day the vote is taken.
A meeting shall be considered open to the public if an alternate and broadly accessible means for the public to view the meeting is available.
Term of Appendix Rules
Rule A-10. The rules in this appendix expire on the termination of the COVID-19 state of emergency, or when rescinded by the executive rules committee, whichever occurs first.))
Emergency Resolution Authorized
Rule 36. If the executive rules committee determines through a majority vote that physically convening all members and staff in a single location presents a danger to the health or safety of members, staff, and the public or is impractical because of an emergency, disaster, or catastrophic incident under RCW 42.14.010, the house shall adopt a resolution establishing the rules and procedures governing any special or regular legislative session. For purposes of adopting the house resolution required by this rule, some or all members may vote using the remote voting function or other process established by the chief clerk. Members are considered in attendance within the bar of the house when using the remote floor activity system or following the established process, including for purposes of establishing quorum. To the extent practicable, a member participating remotely or otherwise under this rule has the same privileges, rights, and responsibilities under the house rules as if the member were physically present.
I hereby certify this to be a true and correct copy of
Resolution 4601 adopted by the House of Representatives
January 9, 2023
__________________________
Bernard Dean, Chief Clerk