HOUSE JOURNALS 03-11-1999

State of Rhode Island and Providence Plantations

JOURNAL
-OF THE-
HOUSE OF REPRESENTATIVES
JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.

Volume 126, No. 26 Thursday, March 11, 1999 Twenty-sixth Pay

The House of Representatives meets at the State House in Providence, Thursday, March 11, 1999, and is called to order at 4:18 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 94 members present and 6 members absent as follows:

PRESENT - 94: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, 5,, Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Cambio, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Larisa, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Fires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 6: Representatives Almeida, Carpenter, Cicilline, Costantino, Millard, Sherlock.

INVOCATION

The Honorable Speaker presents Representative Knickle, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)

APPROVAL OF RECORD

By unanimous consent, the House Journal of Wednesday, March 10, 1999, is approved as printed.

ANNOUNCEMENTS The annual St. Patrick's and St. Joseph's Day celebration will be held on Tuesday, March 16, 1999 on the third floor Rotunda area at the rise of the House.

Also:

Representative Cicilline will be unable to attend session today, March 11, 1999.

Also:

Representative Munschy will be unable to attend session on March 16, 17 and 18.

GUESTS

Representatives Fleury and Williamson welcome to the House as guests Miss Ireland, 1999, Meghan O'Brien, and her mother Maureen O'Brien as well as the Grand Marshall of the West Warwick St. Patrick's Day Parade, Thomas Daley, and his son Timmy Daley.

REPORTS OF COMMITTEES TRANSFER OF BILLS

Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(99-H 5423) An Act relating to criminal procedure - criminal injuries compensation.

Received and referred to the Committee on Finance.

Representative Benoit, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of transfer to the Committee on Finance:

(99-H 6162) An Act relating to human services.

Received and referred to the Committee on Finance.

(99-H 6048) An Act relating to human services health care for families.

Received and referred to the Committee on Finance.

(99-H 5668) An Act relating to public property and works.

Received and referred to the Committee on Finance.

(99-H 5158) An Act relating to airports - airport noise.

Received and referred to the Committee on Finance.

(99-H 6073) An Act relating to the health and safety.

Received and referred to the Committee on Finance.

NOTICES OF BILL/RESOLUTION
INTRODUCTION

Representative Anderson gives notice that on the next legislative day, he will introduce a measure relating to water navigation.

This notice is given in compliance with House Rule 42.

STEPHEN J. ANDERSON
Representative, District 42

Received and ordered to be placed on file.

Representative Rabideau gives notice that on the next legislative day he will introduce a measure concerning economic revitalization act.

This notice is given in compliance with House Rule 42.

SCOTTP.RABIDEAU
Representative, District 60

Received and ordered to be placed on file.

Representative Fleury gives notice that on the next legislative day he will introduce a measure concerning escrows.

This notice is given in compliance with House Rule 42.

RICHARD E. FLEURY
Representative, District 40

Received and ordered to be placed on file.

NEW BUSINESS

Representative Lowe introduces (by request) (99-,H 6254) An Act relating to fire detectors.

Read and referred to the Committee on Corporations.

Representatives Inman, S. Anderson, George, Montanaro, Gorham and Murphy introduce (99-H 6255) An Act authorizing the town of Coventry to finance the construction, renovation, improvement, alteration, repair, furnishing and equipping of schools and school facilities in the town including but not limited to, a new elementary school, an addition to the Coventry High School to house a career and technical facility, an athletic complex, an addition to Coventry Middle School and renovations and improvements to existing school and school facilities by the issuance of not more than $34,000,000 bonds and/or notes therefor.

Read and referred to the Committee on Corporations.

Representative Lowe introduces (by request) (99-H 6256) An Act relating to fire detection systems.

Read and referred to the Committee on Corporations.

Representative Slater introduces (99-H 6257) Joint Resolution making an appropriation of $429.27 to pay the claim of Rose M. Christy of 5 Woodford Street, Worcester, MA 01604.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Slater introduces (99-H 6258) Joint Resolution making an appropriation of $10,522.50 to pay the claim of Amica Mutual Insurance Company, P.O. Box 6008, Providence, Rhode Island 02940 as subrogee of David J. Sheehan of 10 Lincoln Center Blvd., Lincoln, Rhode Island 02865.

Read and referred to the Joint Committee on Accounts and Claims.

Representative Slater introduces (99-H 6259) Joint Resolution making an appropriation of $148.16 to pay the claim of David Leonard of P.O. Box 2029, Vernon, Connecticut 06066.

Read and referred to the Joint Committee on Accounts and Claims.

Representatives Pisaturo, Lanzi, DeSirnone, Montanaro, Jacquard and Russo introduce (99-H 6260) An Act relating to towns and cities.

Read and referred to the Committee on Corporations.

Representatives Helley, Rabideau, McNamara, Knickle, Watson and several other members of the House introduce (99-H 6261) House Resolution honoring Mary Baker Eddy for her many outstanding contributions to women during the celebration of National Women's History Month.

Representative Kelley requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Kelley, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representatives Garabedian, Montanaro, Lanzi, Jacquard, Simonian and several other members of the House introduce (99-H 6262) An Act relating to school funds and property.

Read and referred to the Committee on Corporations.

Representative Moura introduces (99-H 6263) An Act relating to video lottery terminals.

Read and referred to the Committee on Finance.

Representatives Palangio, Kelso, Winfield, Picard, Lowe and several other members of the House introduce (99-H 6264) An Act relating to motor vehicle reparations act.

Read and referred to the Committee on Finance.

TRANSMITTAL

By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

PERSONAL PRIVILEGE

By unanimous consent, Representative Jacquard addresses the members of the House on a point of personal privilege in regard to a newspaper article.

CALENDAR

From the Calendar are taken:

1. (99-H 5580) (Substitute "A") An Act relating to state affairs and government.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

The bill marked Substitute "A" is read and passed, and the original bill indefinitely postponed, on motion of Representative George, seconded by Representatives Martineau, Scott, Garvey, Corvese, Lewiss and Fox, on a roll call vote, 82 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 82: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Gorham, Henseler, Hetherington, Hogan, Inman, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Larisa, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

2. (99-H 5075) House Resolution creating a special House commission to study the need for a Permanent Economic Development Committee.

Committee on Corporations recommends passage.

Representative Kennedy moves passage of the resolution, seconded by Representatives Jacquard, Lima, Palumbo, Lewiss, Knickle, Pisaturo, Coderre, Williams, Larisa and Martineau.

Representatives Bramley, Kennedy and Garabedian discuss the resolution.

Read and passed, by unanimous consent, on a voice vote.

ANNOUNCEMENTS

Representative Crowley announces that the Committee on Finance will meet on Tuesday, March 12, 1999 at the rise of the House, instead of at 3:00 o'clock P.M. in Room 35 of the State House.

Also:

Representative Crowley announces that the Sub-Committee on Education will meet on Wednesday, March 31, 1999 in Room 35 of the State House.

Also:

Representative Faria announces that the Committee on Labor will meet on today at the rise of the House in Room 135 of the State House.

Also:

Representative Benoit announces that the Committee on Health, Education and Welfare will meet on today at the rise of the House in Room of 203 the State House.

Also:

Representative Crowley announces that the Committee on Finance will meet on today at the rise of the House in Room of 35 the State House to hear the Higher Education Budget.

Also:

Representative Flaherty announces that the Committee on Judiciary will meet on today at the rise of the House in Room 205 of the State House.

Also:

Majority Leader Martineau reminds everyone of the get together upstairs in the Leader's Lounge today at the rise of the House.

Also:

Representative Menard wishes Capitol T.V. cameraman, Anthony Arico a Happy "34th" Birthday.

ADJOURNMENT

At4:44 o'clock P.M. on motion of Representative Ajello, and as a further mark of respect to the memory of the Honorable Justice Harry Blackmun; on motion of Representatives Watson and George, and as a further mark of respect to the memory of Daniel Healy, seconded by Representatives Martineau and Watson, the House adjourns, on a unanimous rising vote.

LINDA McELROY
Recording Clerk

Appendix

INVOCATION

REPRESENTATIVE H. NORMAN KNICKLE
Thank you God for Your presence here with us and Your blessings on this Assembly today and every day.Amen.

Appendix

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1999

(99-H 5384) (Substitute "A" as amended) HOUSE RESOLUTION ADOPTING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 1999-2000.

RESOLVED, That the following rules of the House of Representatives be adopted for the government of the House of Representatives for the years 1999-2000.

First - Of the Speaker

(1) The Speaker shall: take the chair each day at the hour to which the House shall have adjourned, and call the members to order; and if a quorum be present, proceed to business.

(2) The Speaker shall: preserve order and decorum; may speak as other members on general questions, calling some other member to the chair; shall decide all questions of order subject to appeal to the House; shall have on every appeal the right to assign reasons for any decision, and to put the question without further debate.

(3) The Speaker shall: propound all questions in the order in which they are moved, unless the subsequent motion be previous in its nature, except that in naming sums and fixing times the largest sum and the longest time shall be put first. The Speaker shall rise to put a question, but may state it or read a paper sitting. Questions shall be distinctly put in this form, to wit: "Members in the affirmative will say/vote aye," and after the affirmative voice is expressed or recorded: "Members in the negative will say/vote no." On a voice vote, if the Speaker doubts, or a division be called for, the House shall divide. The Speaker shall declare all votes.

(4) 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, not inconsistent with law. 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 subcommittees and committees and subcommittees thereof, joint committees, boards and commissions. The Speaker shall appoint a committee on rules that shall have the continuing responsibility for establishing and recommending changes in the rules that govern the conduct of House business.

(5) The Speaker shall: appoint one doorkeeper and as many assistant doorkeepers as deemed necessary, electronic voting personnel, a head page and as many pages as necessary, an administrative assistant and legal counsel to the Speaker, prescribe their duties, and may remove any or all of them as desired.

(6) The Speaker may vote on all questions. In case of a tie vote the question shall be lost.

(7) The Speaker may appoint a member as First Deputy Speaker who shall preside over the sessions of the House during the absence of the Speaker from the chair; may appoint a Senior Speaker pro tempore and a Deputy Speaker pro tempore who, in case of a vacancy in the office of the Speaker and Deputy Speaker, or in case these officers are absent at the hour to which the House stands adjourned, shall call the House to order and shall preside until the Speaker pro tempore or a Speaker, as the case may require, is elected by ballot. In case of a vacancy in the office of Speaker, Deputy Speaker, Senior Speaker pro tempore and Deputy Speaker pro tempore, or in case these officers are absent at the hour to which the House stands adjourned, the reading clerk, or, in his absence, the recording clerk shall call the House to order and shall preside until a Speaker pro tempore or a Speaker, as the case may require, is elected by ballot. In the absence of the Speaker, Deputy Speaker, Senior Speaker pro tempore, Deputy Speaker pro tempore and clerks, less than a quorum may elect a Speaker pro tempore or clerk pro tempore, who shall perform all the duties of the Speaker and clerks respectively and be clothed with all their powers. Secondly - Of the Order of Business

(8)(a) A representative desiring to introduce a bill or resolution shall file the same with the Reading Clerk not later than the convening of the house session, with the exception of bills or resolutions for which immediate consideration is sought. All bills or resolutions filed prior to the convening of the house session shall be assigned to committee on that legislative day. The Reading Clerk shall cause the title of all bills and resolutions introduced to be published in the House Journal for the day on which the same are introduced.

(b) At the commencement of each day's session the roll shall be called, or taken by use of the electronic voting system and if a quorum be present, the recording clerk shall read the journal of the previous day. Except as provided in rule 9, the order of business after the approval of the journal shall be as follows:

(1) Reports of standing and select committees.

(2) Introduction and reference of new business, provided that no bill or resolution other than the budget and those for which unanimous consent for immediate consideration is sought shall be received and referred until the next legislative day.

(3) Communications from the Senate.

(4) Unfinished business in which the House was engaged at the time of last adjournment.

(5) Calendar.

(6) The calendar shall consist of all bills and resolutions reported from committees, all special orders, and all other matters ordered placed thereon by the House. The calendar shall be kept by the reading clerk and the matters thereon shall be arranged in the order in which they are reported or referred thereto, and shall be considered in the same order, except that a special order for an hour certain shall be taken up at the time specified, and a special order for which the hour has not been designated shall take precedence of the other business on the calendar. The calendar shall be posted in the chamber of the House, and shall be printed and distributed or and made available electronically to the members daily. The calendar for the day shall be in order at the expiration of thirty minutes from the time the Speaker announces a quorum present upon the opening roll call, unless it is sooner reached in the regular course of business, and during its consideration no other business shall intervene except as provided in rule 10. All business on the calendar not disposed of at the time of adjournment shall be first in order on the calendar for the next succeeding day. Whenever, at the time the Calendar is taken up, there should be on the Speaker's table any business to be referred to a committee under the rules, such business shall be in order for reference after the calendar is disposed of, and, if any such business is not referred to a committee, it shall be first in order after the reading of the journal on the next succeeding day, for reference.

There shall be a consent calendar on which shall be entered such bills and resolutions as the Speaker, the Majority Leader and the Minority Leader or their designees shall agree upon, and shall be proposed to the House by the Majority Leader or the designee of the Majority Leader in the form of a motion to move the consent calendar. The consent calendar shall contain such bills and resolutions which are of a routine or non-controversial nature and in no event shall the consent calendar be considered as a substitute for the regular calendar. Matters of substance shall be placed on the regular calendar and be fully debated and considered by the membership according to these rules. No bill or resolution shall be included on the consent calendar on the date the consent calendar is moved unless copies of the consent calendar in the same form as shall be moved have been made available to the membership no later than two (2) legislative days prior to the day on which the consent calendar shall be proposed to be moved. All bills and resolutions included on the consent calendar shall be made available in printed form or and electronically to the Majority Leader, the Minority Leader, the State House library and the House reading clerk at the same time that copies of the consent calendar are made available under this rule. At the request of a member any bill or resolution shall be removed from those included in the motion. All bills and resolutions designated for action on the consent calendar shall be passed on motion without discussion unless, at any time prior to the motion for passage, a member requests removal of a bill or resolution from the consent calendar in which case such bill or resolution shall be so removed and placed on the regular calendar. Any bill or resolution so removed shall be considered as having appeared on the regular calendar for a period of time equivalent to that during which it appeared on the consent calendar.

(10) Whenever any message is received from the Senate communicating any paper or announcing any concurrence, the business in which the House is engaged shall be suspended, and the Speaker shall, at the request of any member, immediately read to the House the title, or state the substance, of the paper communicated, or announce such concurrence, after which the business which has been so interrupted shall be resumed, and the paper communicated shall be deemed to be in the possession of the House for its action. Thirdly - Of Decorum and Debates

(11) When any member is about to speak in debate, or to deliver any matter to the House, he or she shall activate his or her recognition button, rise from his or her seat and proceed when he or she has been recognized by respectfully addressing himself or herself to the Speaker.

(12) When two or more members seek to be recognized, the Speaker shall select the member who is to speak first.

(13) No member 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 at one time without the leave of the House. The first two clauses of this rule shall not apply to the party leaders, nor to the principal sponsor or floor manager of any bill or resolution on the floor.

(14) If any member, in speaking or otherwise, transgresses any rule of the House, the Speaker shall, or any member may, call him to order, in which case the member called to order shall immediately sit down, unless permitted by the Speaker to explain and the House shall, if appealed to, decide on the case but without debate.

(15) While the Speaker is putting any question, or addressing the House, or when a member is speaking, none shall entertain private discourse nor walk between the member who is addressing the Speaker and the chair. At no time while the House is in session shall any person use audible cell phones or audible beepers in the House Chamber.

(16) 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 before debate. Any motion shall be reduced to writing before debate whenever the Speaker or any member shall so request.

(17) Unless otherwise ordered by the House, a question that is susceptible of division shall, at the request of any member, 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.

(18) Any bill of more than one section shall be passed upon by section, at the request of any member.

(19) After a motion is stated by the Speaker, or read by the clerk, it shall be deemed to be in possession of the House, but any motion may be withdrawn by the mover at any time before a decision or amendment, except a motion to reconsider, which shall not be withdrawn after the time has elapsed within which it might originally have been made. (20) No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment.

(21) When a question is under debate no motion shall be received, except to adjourn, for the previous question, to take a recess, to lay on the table, to fix a time for closing debate, to postpone indefinitely, to postpone to a day certain, to commit, or to amend, which several questions shall have precedence in the order in which they are here arranged.

(22) Motions to commit shall have precedence in the following order: to a standing committee of the House, to a select committee of the House, to a joint standing committee, to a joint select committee.

(23) When a time for a meeting of the House shall have been previously fixed upon, a motion to adjourn shall be always in order, except as provided in rule 28, and that motion, the motion to lay on the table, to take from the table, to reconsider, for the previous question, to take a recess, and for the vote, shall be decided without debate.

(24) No member shall vote on any question of private property in the event of which he or she is immediately and particularly interested.

(25) No member shall speak or vote, unless within the bar of the House. Every member (except as provided in rule 6) who shall be in the House when the question is put, shall give his or her vote, unless prior thereto the Speaker shall excuse him or her, in accordance with the Code of Ethics statute (36-14-6).

(26) (a) The electronic voting system shall be used to record attendance, quorums, all votes on public bills (as defined in rule 39) and votes on rule changes and suspensions. It shall be used for other votes by request of a member.

(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. Any member who is not in the chamber at such time, but returns before the machine is locked, shall be permitted to vote.

(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 shall direct the voting clerk to cast his or her vote at his or her voting station, but at no other time may a member designate any other person to cast his or her vote. 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 prior to locking the machine, the presiding officer shall ask if any member present desires to vote or change his or her vote. The presiding officer shall then order the machine locked and activate the recording process. When the vote is completely recorded, the clerk shall advise the presiding officer of the result; and the presiding officer shall announce the result to the House and the result shall be recorded in the journal. No vote may be changed after the system has been locked and the vote recorded.

(e) No member may vote for another member; nor may any person cast a vote for a member except as otherwise provided in these rules. A member or other person who voted for a member may be punished in a manner the House determines. No one may occupy the vacant seat of a member.

(f) 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).

(g) After the question has been put, but before the system is locked, any member may call for a statement of the question.

(h) While the presiding officer is putting the question, or the vote is being recorded, no member shall speak or leave his or her place.

(i) Upon late arrival, a member may report his or her presence to the recording clerk which shall be recorded in the journal.

(j) The voting clerk shall retain in the files of the House as many copies of each bill or measure and the voting records on each question as he or she deems necessary and shall provide copies for the press, library, and legislative council at the end of each legislative day.

(27) After a vote has been ordered there shall be no debate whatever, except on a vote to take a bill from committee. The sponsor of the bill shall be allowed five (5) minutes to explain the purport purpose of the bill and the chair of the committee to which the bill is referred or a member to whom he or she may yield the floor shall be allowed five (5) minutes in rebuttal, but by unanimous consent a member may explain his or her vote.

(28) There shall be a motion for the previous question, which shall always be in order and which shall not be debated, and which may be moved and ordered upon any bill or section thereof, amendment, motion, resolution or question which is debatable, any of which shall be considered as the main question for the purpose of applying the previous question. When a motion for the previous question has been made, no other motion shall be entertained by the Speaker until it has been put to the House and decided. All incidental questions of order arising after a motion for the previous question has been made, and before the vote has been taken on the main question, shall be decided whether on appeal or otherwise without debate. When the previous question has been ordered, a motion to reconsider such vote shall not be in order, and no motion to adjourn or take a recess while a quorum is present shall be entertained between the taking of such vote and the taking of the vote on the main question, but ten (10) minutes shall be allowed for further debate upon the main question during which no member shall speak more than three (3) minutes, and a further period of ten (10) minutes, if desired, shall be allowed for debate to the member introducing the bill or question to be acted upon, or to the member or members to whom he or she may yield the floor, at the close of which time, or at the close of the first ten (10) minutes, in case the introducer does not desire to so use his or her time, the vote on the main question shall be taken. If incidental questions of order are raised after the previous question has been ordered, the time occupied in deciding such question shall be deducted from the time allowed for debate.

(29) When any vote is passed, any member voting in the majority may move to reconsider on the same or the next legislative day, except as provided in rule 28: and when a motion for reconsideration has been decided, it shall not be reconsidered. A motion to reconsider shall not be debated. Fourthly - Of Committees

(30)(a) The following standing committees shall be appointed at the commencement of the session, viz:

A committee on judiciary

A committee on labor

A committee on special legislation

A committee on finance

A committee on corporations

A committee on health, education and welfare

(b) The committees on judiciary; labor; special legislation; finance; corporations; health, education and welfare; and rules shall consist of not less than thirteen (13) nor more than twenty-one (21) members.

(c) A committee shall not vote upon any bill in the absence of a quorum. A quorum shall consist of a majority of the committee's membership.

(d) All committee meetings shall be open except that the committee may meet in executive session by majority vote of those members present to the public. All votes shall be taken in open session. Whenever such committee meeting is open, there shall be no spectator participation.

(e) For the information of all citizens and members of the legislature a bulletin board shall be placed at or near the entrance of the House chamber giving the title of all standing committees of the House, the name of the chair of each committee, the place and time of the meeting of each committee.

(f) There shall be appointed from time to time committees of conference to which are referred matters of difference with the Senate with respect to bills or resolutions. Such committees shall be appointed by the Speaker and the Senate Majority Leader and shall be comprised of five members from the House and five members from the Senate. At least one member in each house shall be a member of the minority party. When possible one member shall be the prime sponsor of the bill or resolution being considered before the committee of conference and one member shall be from the committee that shall have considered the bill or resolution. The committee may propose any changes within the scope of the bill or resolution, but any action, including changes, taken by committee shall be by a majority vote of the members of each house on the committee. The committee report shall be made to both houses at the same time. Each house shall vote to accept or reject the report. A vote by either house to accept the report of the committee shall be the final action by that house on the bill or resolution. If both houses vote to accept the report of the committee, the bill is passed or the resolution adopted as of the time the last house votes to accept the report. If either house rejects the report of the committee, the bill or resolution is defeated and the second house shall not be required to consider the committee report. The report of the committee may be accepted or rejected, but it may not be amended. The committee report shall contain the following information: the bill number and title, the members of the committee, the action of the committee, and the signature of the members of the committee accepting or rejecting the report. The conferees shall confine themselves to the differences which exist within bills or resolutions between the House and Senate. The presentation of reports of committees of conference shall be in order after having been signed by a majority of the members of the committee of each house. Consideration of a report of a committee of conference by the House shall be in order when it has been printed, placed on the desks of the members and listed on the calendar for the required period of time according to these rules.

(31) 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. Upon introduction of the annual state budget to the House on behalf of the Governor, the budget shall be referred to the finance committee. Within two (2) weeks following receipt thereof, the finance committee's fiscal advisor shall provide to each member of the House a brief but thorough summary of budget issues. Within three 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.

(32)(a) The standing and joint 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 said 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. and may in coordination with other committees of the house or senate, endeavor to hold joint meetings and public meetings on matters of mutual interest.

(b) A committee shall not consider any public bill or resolution unless it has been distributed in print or and electronically to its members except by unanimous consent of the members present.

(c) The Chair of every committee shall post, in print or and electronically, at least two (2) days prior to any committee meeting, a list by number and title of the bills and resolutions to be heard at that meeting. 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 and shall be placed at the top of such subsequent posted list. Such postings shall be made electronically or and on the House bulletin board. Copies of all posted bills or resolutions shall be provided in print or and electronically to all committee members and principal sponsors. A committee shall not hear any said bill or resolution without such notice except by the consent of a majority of its members and with at least one (1) day's notification to the principal sponsor. The sponsor may, however, waive such one-day notification.

(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 shall be granted upon request to the principal sponsor thereof as provided in these rules, and provided further, however, that any such request shall be made in writing to the Chair, a copy of which is to be given to the reading clerk, no later than ten (10) calendar days following referral of the bill or resolution to the committee; and provided further that, in any even-numbered year, any such request to be heard on any bill or resolution referred to the committee during the immediately preceding session shall be made in writing to the Chair not later than the last legislative day in the month of January.

(e) Upon receipt of a written request by the Chair for committee consideration from the principal House sponsor of a bill or resolution, a copy of which is to be given to the recording clerk, the committee shall grant to said principal House sponsor a hearing on any said bill or resolution within thirty (30) calendar days of the request and provided further that said committee shall grant to the principal House sponsor consideration of his or her bill or resolution within eight (8) legislative days of the committee hearing, unless a later date is otherwise agreed to by the said principal sponsor. The deadline for requests for hearings and consideration shall be the first legislative day after the last day for bill introduction. 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;

(iii) a motion to report the bill or resolution to the House with a recommendation of no passage;

(iv) a motion to report the bill or resolution to the House without recommendation, provided that such action shall require the affirmative vote of four-fifths (4/5ths) of the members present; A tie vote on any of the motions specified in (i), (ii) or (iii) hereof shall be deemed to be a vote to report the bill or resolution with a recommendation of no passage, and shall be treated accordingly.

(f) Once a committee has considered a bill or resolution the principal House sponsor shall be notified in writing or electronically on or before the second legislative day following such actions including the vote tally within the committee and the date thereof, prior to the report being made to the full House. No bill or resolution on which a committee has voted a recommendation of no passage shall be reported unless the principal House sponsor shall, after such notification, request in writing within one (1) week following such notification that a report be made. 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 Finance Committee. . A committee member may move reconsideration of any vote taken so long as the subject matter of the vote remains in the possession of the committee. Bills or resolutions concerning appropriations, revenue or expenditures shall be the only bills or resolutions which shall not be subject to the above committee time limits.

(g) In the event a committee shall fail to afford consideration to any bill or resolution within the prescribed time, the principal sponsor may report such failure to the Speaker of the House and the Speaker shall order the immediate discharge of the bill or resolution from a committee to the House floor.

(h) Except in the case of a committee report of a bill or resolution with a recommendation of no passage, all bills or resolutions reported from committee shall be placed on the calendar or, pursuant to the restrictions of these rules, placed on the consent calendar for the required period of time according to these rules before House consideration.

(i) At the time of the receipt of a committee report by the House, the House sponsor of said bill or resolution may move to substitute his or her recommendation as to said bill or resolution in lieu of the committee recommendation as to said bill or resolution. In making such motion, the House sponsor shall be allowed to explain his or her recommendation and the committee Chair shall be allowed to rebut. The Majority and Minority Leaders shall also be allowed to make their explanations. In the case of a recommendation of no passage, unless the sponsor is successful in substituting his or her own recommendation in lieu of the committee, then all consideration of that bill or resolution shall end for that legislative session. House Rule 32(e) through (i) shall not apply to any bill or resolution which shall have originated in the Senate.

(j) 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 no later than one (1) week prior to April 9, 1999 (or April 7, 2000, in the case of 2000), and after those dates 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 House bills, acts or resolutions after April 9, 1999 (or April 7, 2000, in the case of 2000), except as provided in section (k) hereof, and provided further that the other House committees may complete consideration of not more than three (3) House bills or resolutions of major importance per committee after said date, on which such committee or committees 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 reading clerk no later than April 9, 1999 (or April 7, 2000, in the case of 2000).

(k) 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 9, 1999 (or April 7, 2000, in the case of 2000), and shall have been heard in the committee no later than one (1) week prior to that date.

(33)(a) Said committees shall keep permanent minutes of their meetings and hearings, and all committee votes shall be recorded by total vote and by the individual votes of committee members. Said minutes and recorded votes shall be public records and shall be available to any member and to any person upon request.

(b) Each committee shall, on the last legislative day of each week, file with the recording clerk of the House a list of all measures on which formal action was taken, for publication in the journal for the first legislative day of the following week, and shall file in the State House Library a copy of the recorded vote tally on each such measure.

(34) After appointment by the Speaker, the members of each committee shall forthwith meet, and if a quorum be present and upon being called to order by the vice chair of said committee, appointed by the Speaker, shall proceed to elect by majority vote the chair of said committee. The Speaker shall appoint the vice chair and secretary of each committee.

(35) All vacancies occurring in any committee and subcommittee after they have once been named shall be filled by the Speaker.

(36) (a) The Speaker may appoint from time to time subcommittees consisting of not less than four (4) nor more than six (6) members of a given standing committee and may consist only of members of the committee from which it was appointed. No committee member shall be a member of more than one (1) subcommittee, with the exception of the chair of the standing committee who shall be considered a member of each subcommittee. Said subcommittees may hear testimony on all bills and resolutions of substantially the same nature and shall report to the committee from which it was appointed. Said subcommittees will conduct itself in a manner that is otherwise in conformity with these rules.

(b) No committee member shall serve on more than one (1) subcommittee.

(c) (b) The Speaker shall appoint the chair of each subcommittee. Fifthly - Of Bills and Petitions

(37)(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, or from a joint committee.

(b) When a bill or resolution is postponed indefinitely, the same shall not be acted upon again during the session. If the reading of any printed or written paper be objected to, it shall be determined by a vote of the House without debate.

(38) 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 second legislative day preceding the day on which it shall be in order for consideration. No matter of business on the calendar shall be considered upon its merits until it has been on the calendar for at least two (2) legislative days except by unanimous consent of the House. No more than forty (40) public bills or resolutions shall be considered upon their merits during any one (1) legislative day, provided, however, that House bills returned from the Senate may be considered notwithstanding this limit.

(a) The budget bill shall be prepared by the Legislative Council. The budget bill shall not be considered by the House unless copies thereof as approved by the finance committee have been available to the members for seven (7) calendar days. No amendment which is intended to make a substantive change in the budget bill may be offered other than by the chairman of the finance committee, except with the agreement of two-thirds (2/3) of the members present, unless the text thereof shall have been submitted to the Legislative Council and made available to the members two (2) calendar days, prior to the day on which the budget bill shall be in order for consideration. 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.

(b) 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.

(39) (a) There shall be attached to the reproduced copies thereof a brief explanation of every public bill or resolution when first introduced and the explanation of such bill or resolution shall indicate the proposed changes, and/or the statute or existing law which such bill or resolution purports to amend. Each original bill or resolution introduced shall be accompanied by at least eight (8) copies which may be typewritten or reproduced by any legible mechanical process. The recording clerk of the House shall retain copies of all bills and resolutions introduced, to be transmitted to the legislative council, the state library, and the Law Revision Office.

(b) When any bill or resolution is offered which is intended to amend any part or parts of an existing statute, any part or parts intended to be stricken shall be contained in the bill or resolution and by appropriate mechanical mark, shall be crossed out. All new matter contained in the bill or resolution shall be underlined, so that the new matter shall be easily discerned. Existing language not intended to be amended shall be reproduced without change.

(c) "Public bill" shall include all bills or resolutions which in any way have general application throughout the state or which are of a nature for which the constitution requires special treatment, and bills which relate to an individual's pension or retirement benefits. Bills or resolutions of a private or local nature shall not be considered "Public bills" and shall include: those which pertain to a particular city or town or local entity; those making claims against the state; those which pertain to private corporation charters and amendments thereto and restoration thereof, and to amendments to authorize holdings by non-profit organizations of a charitable, civic, library or like nature; resolutions memorializing congress, or of congratulations or expressing sympathy or condolences; resolutions requesting the several departments of state government to grant some privilege, consideration or relief; and others of like private and local nature.

(d) All bills and resolutions, private as well as public, shall be prepared by the Legislative Council, and following introduction and referral shall be printed and made available electronically, except resolutions of congratulation and condolence.

(e) All bills and resolutions which have been introduced at the request of any lobby group, individual or other entity shall be identified in writing by letter sent by the principal sponsor to the committee chair to which said bill or resolution has been referred. Said letter shall contain the name and address of the lobby group, individual or other entity which has requested the introduction of said bill or resolution and made a part of the public committee record and sent to the State House library in accordance with Rule 33(b).

(40) No petition shall be received unless the object thereof, and the name of the petitioner or one of the petitioners, be endorsed on the back of the same.

(41) Counsel may be heard on petitions of a private nature, and in all matters affecting private rights, before the committee to which such matters may be referred, and not before the House.

(42) A member may introduce a public bill or resolution after the first Tuesday in February only if, one (1) day previous to such introduction, the member shall notify the House of his or her intention to introduce said bill or resolution by reading the title and giving a brief explanation of the contents thereof, and the introduction is approved by the votes of two-thirds (2/3) of the members present. City and town bills may be introduced after the fifty-third (53rd) legislative day only in accordance with the foregoing procedure. Public bills or resolutions approved for introduction pursuant to this rule may be heard and considered by House committees notwithstanding the provisions of Rule 32(f).

(43) 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.

(44) Amendments, articles or sections of the State budget shall only concern appropriations, expenditures, revenue or matters related thereto.

(45)(a) A bill or resolution may be filed by any member or member-elect by registered mail at state expense or in person 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 immediately date and number such bill or resolution and order it printed. and made available for the first reading on the second day of the succeeding session.

(b) Only the bills or resolutions filed by members elected and qualified shall receive the first reading.

(c) In the event that any member or member-elect dies after filing and before the first reading, the death of said member or member-elect shall constitute automatic withdrawal of said bill or resolution and automatic withdrawal of the number of said bill or resolution and said number shall not be used again during the legislative session, provided, however, that where a bill or resolution shall have more than one sponsor, said bill or resolution and number shall not be withdrawn and the member whose name appears second on said bill or resolution shall become the prime sponsor. Sixthly -- Of Admission to the Floor

(46)(a) No person or persons, except currently elected members of the general assembly, legislative staff and authorized representatives of the public press, as provided in the rule next following, shall be admitted to the floor of the house during the session thereof, except by the express invitation 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 access the House galleries. All persons so admitted by the Speaker to the floor of the House during the session thereof shall be present for the sole purpose of observing the proceedings of the House and shall remain seated, refrain from conversation, maintain the decorum of the House and no such person shall contact, address, speak or gesture to, or communicate in any way with any House member while present on the floor of the House. Any House member who observes conduct in violation of 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 elected House members and House staff except as to authorized representatives of the public press as provided in Rule 47.

(c) Smoking shall be prohibited in the House chamber, House galleries and committee rooms. The Speaker shall enforce this rule.

(47) 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 representatives as shall be admitted shall have no privilege upon the floor other than to pass to and from the seats assigned to them. Authorized representatives of the public press may be admitted by the Speaker to the House lounge during the House session. Seventhly -- Miscellaneous

(48) No vote or act which has been passed by the House shall be sent by the clerk to the Senate or the Governor before the expiration of the time limit for its reconsideration by rule 29, except those passed on the last day and those which shall have been reconsidered.

(49) 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.

(50) The Speaker shall, at the request of any twenty-six members, compel the retention of all members present, and also, in the absence of a quorum, at the request of any twenty-six members, shall compel the attendance of absent members, by his warrant, under his hand and seal, attested by the recording clerk and directed to the sheriff and his deputies of the county where the General Assembly is setting.

(51) 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.

(52) It shall be the duty of the sheriff in attendance upon the General Assembly, or either of his 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 by the Speaker.

(53)(a) No rule shall be repealed or amended, except by two-thirds (2/3) of the members voting; nor shall the operation of any rule be temporarily suspended except by two-thirds (2/3) of the members voting, and the agreement of the Majority Leader and the Minority Leader, and such action may be taken with reference to any rule, except as to rule 26 (a) which may not be suspended and rule 58 which may be suspended only by four-fifths (4/5) of the members present. The application of this rule as it pertains to the temporary suspension of the rules shall not be subject to amendment or repeal. Any motion to repeal, amend or suspend any rule shall be a debatable motion under these rules.

(b) At the beginning of a legislative session, temporary rules or the rules of the previous legislative session, may be adopted by a majority vote of the House and 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.

(54)(a) No amendment to a pending bill or resolution may be considered by the House, except by unanimous consent, unless copies of the same shall be on the desks of the members in typed form.

(b) When an amendment proposed to any pending measure is laid on the table, it shall not carry with it or prejudice such measure. The provisions of the rule shall in no manner affect the operation of rule 56.

(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 minutes to reply when a motion is made to table his or her amendment; whereupon the Speaker shall put the question on the motion to table.

(55) After the close of the legislative year the recording clerk shall make on the journal of the House an entry of all matters then remaining on the calendar, together with all unfinished business pending before the House or its committees, and the reading clerk shall prepare a docket of such matters and business, cause the same to be printed, and shall distribute the same to the members-elect of the next General Assembly.

(56) Mason's Manual of Legislative Procedure, most recent edition, published by the National Conference of State Legislatures, shall govern procedure in the House in all cases in which its provisions are not inconsistent with these rules or joint rules.

(57) On any day any member of the House may present a petition in writing to discharge a committee from further consideration of a public bill or resolution which has been referred to a committee, and by no other procedure, but only one petition may be presented for a public bill or resolution during the course of a session. The petition shall be placed in the custody of the recording clerk of the House who shall arrange some convenient place for the signatures of the members to be placed thereon in the presence of said clerk, provided, however, that the member presenting such petition may take custody of the petition and solicit signatures. Such member shall attest to the authenticity of each signature so solicited by initialing the same. A signature may be withdrawn by a member at any time before the petition receives sufficient signatures to become effective, and such petitions shall become effective, and shall serve to discharge a committee from further consideration of the public bill or resolution and shall cause said public bill or resolution to be placed upon the calendar for action, when any forty (40) representatives shall have affixed their signatures thereto. Until after the fiftieth (50th) legislative day no petition shall be presented for signatures to discharge a public bill or resolution unless the same shall have been in the possession of the committee for no less than sixteen (16) legislative days. 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.

(58) Sessions of the House during the legislative session shall convene at 4 p.m. and shall adjourn by 10 p.m., provided however, that the House may provide by resolution that the House convene at another hour and place.

(59) Except with respect to present and former members of the General Assembly, general officers, members of the judiciary, and elected state and federal officials, all expressions in the nature of condolences and in the nature of congratulations shall be presented in omnibus bills which shall be in order for introduction and consideration only on the last legislative day of each week, which shall not require concurrent action and which, upon passage, shall be forthwith transmitted to the Secretary of State.

(60) Any bill or resolution which has been introduced in one session need not be reintroduced in the succeeding session unless the same shall have been defeated in committee or on the floor of either house, provided, however, that no general election shall intervene. The concurrence of both houses in the same session shall be necessary for the enactment of all laws.

(61)(a) All claims against the state in the amount of one thousand dollars ($1,000.00) or less shall be presented in omnibus bills and shall be in order for introduction only on the last legislative day of each week.

(b) All bills or resolutions seeking to vacate the forfeiture of any charter previously granted under the laws of the state of Rhode Island shall be presented in omnibus bills and be in order for introduction only on the last legislative day of each week; provided, however, that they may be introduced singularly on any legislative day of the week by the Majority Leader of the House.

(62)(a) A member may claim the floor on a question of personal privilege to reply to criticism, or to discuss anything clearly derogatory, or which reflects upon his or her character, that appears in the press or other public medium.

(b) A member is not entitled to discuss the favorable references to him or herself as a matter of personal privilege, nor to reply to generalized criticism of the House which does not refer to him or to her specifically.

(c) 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.

(63) 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 Majority Leader of the Senate, said session shall be conducted pursuant to the foregoing rules, provided, however, that the requirement for prior posting of bills by committees contained in subsection (c) of Rule 32, the limitation on consideration of House bills by House committees contained in subsection (j) of Rule 32, the prohibition on reading a bill a second time on the same day it was given first reading and the two day calendar requirement contained in Rule 38, and the deadline for new introductions contained in Rule 42, 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 to the members at least twenty-four (24) hours prior to the opening of the session. (64) On the first legislative day of every week that the House of Representatives is in session, the Speaker shall announce, from the chair, the day that five minute speeches, so-called, will be entertained. At the end of legislative business on the day aforementioned, the Speaker shall declare the House in informal session, i.e., no motion shall be in order, except that to adjourn, at the close of five-minute speeches, then proceed to entertain five-minute speeches. Each member so recognized shall be allotted five (5) minutes in which to address the House on any matter subject to these rules. No member can yield his or her time to another.

(65) No person on the floor of the chamber may dress in a manner deemed by the Speaker to be offensive to the decorum of the House.

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