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Sponsors: Rules Committee
Document Path: l:\council\bills\dka\3694dw04.doc
Introduced in the House on January 14, 2004
Adopted by the House on January 14, 2004
Summary: House of Representatives, rules
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/14/2004 House Introduced and adopted HJ-5
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VERSIONS OF THIS BILL
TO AMEND RULE 4.8 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE COMMITTING OF A BILL OR RESOLUTION TO A COMMITTEE BEFORE A FINAL DECISION IS MADE, SO AS TO AUTHORIZE A CONCURRENT RESOLUTION TO BE PLACED ON THE CALENDAR UNDER THE HEADING OF CONCURRENT RESOLUTION, NOT SECOND READING; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO AUTHORIZE THE PREVIOUS QUESTION TO BE INVOKED ON A MOTION TO RECONSIDER ONLY WHEN THE MATTER TO BE RECONSIDERED IS DEBATABLE; TO AMEND RULE 8.11, RELATING TO THE MOTION WHICH MUST BE DECIDED BY SIMPLE MAJORITY, SO AS TO ADD A MOTION TO DIVIDE THE QUESTION; AND TO AMEND RULE 10.1, RELATING TO A PERSON AUTHORIZED ADMITTANCE WITHIN THE HOUSE CHAMBERS DURING A SESSION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT CERTAIN PERSONS AUTHORIZED ADMITTANCE MUST REMAIN BEHIND THE RAIL IN THE BACK OF THE CHAMBER WHEN THE HOUSE IS IN SESSION.
Be it resolved by the House of Representatives:
(1) That Rule 4.8 of the Rules of the House of Representatives is amended to read:
"4.8 Any bill, report, petition, or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further that the Speaker may, in his discretion, commit to a committee any bill, joint resolution, or concurrent resolution returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, joint resolution, or concurrent resolution as it passed the House. Such bill, joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the Calendar under the heading of second reading or concurrent resolution
and proceed through the Calendar. If not amended, it shall be enrolled as an act and ratified. If said bill, joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."
(2) That Rule 8.6 of the Rules of the House of Representatives is amended to read:
"8.6 The previous question upon any matter may be invoked as follows:
Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes. Provided, that after the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it.
Provided, the previous question may be invoked on a motion to reconsider only when the matter to be reconsidered is debatable.
Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.
Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."
(3) That Rule 8.11a. of the Rules of the House of Representatives is amended to read:
"a. The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
to lay on the table;
for the previous question (unless it is made when a member
has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to grant free conference powers;
to divide the question."
(4) That Rule 10.1 of the Rules of the House of Representatives is amended to read:
"10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses, and such persons as may be invited by resolution of the House; provided, however, that
caucus employees of legislative caucuses, legislative delegations, the Senate, state agencies, and other branches of state government that are authorized admittance must stay remain behind the rail in the back of the Chamber at all times when the House is in session; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by anyone except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session.
Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is re-elected to either House of the General Assembly after the conviction of the crime referred to in this paragraph."
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