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Electronic Version of Proposed Rules for 2011-12

Electronic Version of Proposed Rules for 2011-12

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Published by: capitolcurrents on Jan 10, 2011
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01/10/2011

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HOUSE OF REPRESENTATIVES
PAGE 1 OF 2
Seventy-sixth Legislative Assembly
Monday, January 10, 2011
 
PROPOSED CHANGES TO HOUSE RULES1.01
Add “electronic transmission of data” to definition of printing. Changes “seventy-fifth” to “seventy-sixth.” Adds “boards and commissions” to definition of “Committee.” Clarifies the definition andpowers of the Co-Speakers.
3.35
Updates language to reflect current practice.
4.01 (5)
Streamline the order of business of “Courtesies” by having the presiding officer announce thehonorary pages of the day and also groups on behalf of the House. No return to order of businessuntil all orders have been completed. (Used during Special Session)
5.15
Removes motion to withdraw a measure from committee.
6.05
Clarifies that “audible” use of electronic devices are prohibited.
7.01
 
Outlines the officers of the House. Provides for election of two Speakers and two Speaker Pro-Tempores.
7.05
Allows for Co-Speakers to designate a presiding officer in the event neither Pro Tem is available;clarifies that in the event the office of either Co-Speaker becomes vacant the process for filling thevacancy.
7.10
Clarifies duties of the Presiding Officers to reflect the Co-Speaker model of governance. Prescribeswhich Co-Speaker will have the responsibilities of performing the duties outlined in Article V, Section4 & 8 of the Oregon Constitution. Provides for Co-Speakers to set a schedule for presiding over thedaily sessions of the House.
8.01
Reflects Committee structure.
8.05
Clarifies that each Co-Speaker shall appoint a chair, vice-chair and appropriate number of membersto each committee from their respective party; Changes “chair” and “vice-chair” to “co-chair” and“co-vice-chair.” Retains proportionality. Clarifies that only the appointing authority has the power toremove or replace a member from a committee. Outlines process in the event the Co-Speaker’scannot agree on the appointment of a member of a committee where the membership is defined bystatute and does not provide for equal representation from each party.
8.10
Clarifies the duties and powers of the Co-Chairs.
8.15
Clarifies committee process. Re-establishes notice requirements to reflect the same as used in the2009 session – 72 hours for first public hearing. All other meetings require 48 hours unless sine dieis imminent and then 24 hours for public hearings and all other meetings declared emergencymeetings. (Co-Speakers to declare when sine die is imminent)
8.20
Provides that upon the request of two Republican members and two Democratic members of acommittee the Co-Chairs of the Committee shall schedule a public hearing or work session.References House Concurrent Resolution 11 which sets the deadlines for the Seventy-sixthLegislative Assembly. References a Memorandum of Understanding that outlines the process forrequesting a public hearing and/or work session in the Joint Committee on Ways and Means.
9.01
Clarifies that all referrals to committees will be a joint decision of the Co-Speakers; allows for thosemeasures read first time during the organization session to be referred no later than January 21,2011; outlines the process should the Co-Speakers fail to agree on a referral.
 
HOUSE OF REPRESENTATIVES
PAGE 2 OF 2
9.10
Allows for referrals and committee reports to be processed on non-session days.
9.30
Provides for withdrawal of a measure from committee through a petition process – petition to beheld by the Chief Clerk for 5 days –– at the end of 5 calendar days if there are 31 signaturesrequesting the measure to be withdrawn, the Clerk shall call for the measure to be returned to thedesk and it shall be scheduled for consideration in compliance with House Rules on second andthird readings. The version of the measure shall include any amendments the committee hasadopted prior to the filing of the petition with the Chief Clerk.
12.03
Changes “Special Session” to “Regular Session” as provided by constitutional provision.
12.07
Changes “Special Session” to “Regular Session” as provided by constitutional provision.
12.20
Requires a majority of the Committee in addition to both co-chairs to agree to introduce a measure.
13.10
Clarifies the process for requesting Legislative Counsel to draft a measure.
13.15
Expands priority drafting requests from two to five.
14.10
Limit free copies of publications since everything in online and requires payment should groups,agencies, entities, or lobbyists still want hard copies.
15.05
Adds language to rule clarifying that the Chief Clerk as parliamentarian provides impartialrecommendations to the members of the House.
15.10
Clarifies that fringe benefits for House staff is outlined in the House Procedures and PersonnelHandbook.
16.05
Clarifies process for requesting Attorney General Opinions.
19.20
Expands prohibition on campaign contributions to include the time between the organizationalsession and the regular session during the odd numbered year.
20.01
Clarifies the appointment process for the Committee on Workplace Harassment.
Note:
Changes “Speaker” to “Co-Speaker” when acting in official capacity. i.e. (appointment ofCommittees)Change “Speaker” to “presiding officer” when the rules direct an action while in the chair overseeingthe deliberations of the House.Changes “Chair” and “Vice-Chair” to “Co-Chair” and “Co-Vice-Chair.”Provides for electronic transmission of all reports and documents in lieu of printing a hard copy.
 
 Final as of 1/9/2011 11:16:46 PM 
RULES OF THE HOUSE OF REPRESENTATIVES
Seventy-sixth Legislative Assembly2011 – 2012
DEFINITIONS1.01 Definitions.
(1) "Measure" means bill, resolution or memorial, but does not include amendments.(2) "Member" means member of the House.(3) "Printing" includes electronic transmission of data and/or other means of reproducing copy.(4)
 
“Remonstrance” shall be considered as a "protest" under Article IV, section 26 of the Oregon Constitution.(5) "Rule" means a rule and "rules" means the rules of the House of Representatives of the Seventy-sixthLegislative Assembly.(6) "Within the bar" means within the area in the chambers that is enclosed by waist-high partitions and thatcontains the members' desks and the rostrum and the east and west walls of the chambers.(7) "Committee" includes standing, special, and statutory committees or task forces, boards, commissions,any subcommittee thereof and conference committees.(8) A “business day” is defined as any day that the House meets in floor session or committees holdmeetings.(9) “Session day” begins with the initial convening of the House that particular
 
calendar day, and ends withthe adjournment of that session.(10) The “Co-Speakers” shall jointly hold all of the rights, powers and duties of the Speaker of the House.The Co-Speakers must agree on all decisions concerning the operations of the House of Representatives unlessotherwise provided for within these rules.
RULES2.01 Use of Mason's Manual.
 
Mason's Manual of Legislative Procedures shall apply to cases not providedfor in the Oregon Constitution or the rules.
2.03 House Procedures and Personnel Handbook.
All provisions of the House Procedures and PersonnelHandbook,
 are incorporated herein by reference,
and are considered as an addendum to these rules and havethe effect of a rule herein.
2.05 Procedure for Amending Rules.
Thirty-one votes are required to adopt, amend or rescind any rule.However, forty votes are required to amend or rescind Rule 9.30. The adoption, amendment or rescission of anyrule must be proposed in writing, read at a regular business session under the order of business "Other Businessof the House," referred to the Committee on Rules
 
by the presiding officer, and if reported from the Committee onRules, upon distribution of the report, it shall be in order to vote on the proposed amendment immediately.
2.10 Procedure for Suspending Rules.
(1) Forty votes are required to suspend any rule.(2) When a motion to suspend the rules is defeated, the motion shall not be renewed until after an interveningrecess or adjournment.
2.20 Rules of the House.
Except as modified or rescinded under Rule 2.05, the rules shall be in effect for theentire term of the Legislative Assembly, whether the House is in session or has adjourned sine die.
 
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