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| HOUSE RESOLUTION
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
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| NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that |
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| the following (which are the same as the Rules of the House of |
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| Representatives of the 93rd General Assembly except as |
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| indicated by striking and underscoring) are adopted as the |
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| Rules of the House of Representatives of the Ninety-fourth |
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| General Assembly:
|
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| ARTICLE I
|
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| ORGANIZATION
|
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| (House Rule 1)
|
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| 1. Election of the Speaker.
|
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| (a) At the first meeting of the House of each General |
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| Assembly,
the Secretary of State shall convene the House at |
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| 12:00 noon, designate a
Temporary Clerk of the House, and |
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| preside during the nomination
and election of the Speaker. As |
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| the first item of business each day
before the election of the |
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| Speaker, the Secretary of State shall
order the Temporary Clerk |
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| to call the roll of the members to
establish the presence of a |
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| quorum as required by the
Constitution. If a majority of those |
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| elected are not
present, the House shall stand adjourned until
|
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| the next calendar day, excepting weekends, at the hour |
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| prescribed in Rule 29.
If
a quorum of members elected is |
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| present, the Secretary of
State shall then call for nominations |
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| of members for the
Office of Speaker. All nominations require a
|
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| second. When the nominations are completed, the Secretary of
|
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| State shall direct the Temporary Clerk to call the roll of
the |
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| members to elect the Speaker.
|
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| (b) The election of the Speaker requires the
affirmative |
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| vote of a majority of those elected. Debate
is not in order |
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| following nominations and preceding or
during the vote.
|
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| (c) No legislative measure may be considered and no |
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| committees may be
appointed or meet before the election of the |
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| Speaker.
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| (d) When a vacancy in the Office of Speaker
occurs, the |
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| foregoing procedure shall be employed to elect a
new Speaker; |
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| when the Secretary of State is of
a political party other than |
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| that of the majority caucus, however, the
Majority Leader shall |
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| preside during the nomination and
election of the successor |
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| Speaker. No legislative measures,
other than for the nomination |
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| and election of a successor Speaker, may be
considered
by the |
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| House during a vacancy in the Office of Speaker.
|
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| (House Rule 2)
|
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| 2. Election of the Minority Leader.
|
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| (a) The House shall
elect a Minority Leader in a manner |
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| consistent with the
laws of Illinois. The Minority Leader is |
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| the leader
of the numerically strongest political party other |
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| than
the party to which the Speaker belongs.
|
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| (b) This Rule may be suspended only by the affirmative vote |
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| of 71 members
elected.
|
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| (House Rule 3)
|
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| 3. Majority and Minority Leadership.
|
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| (a) The Speaker and the Minority Leader shall appoint
from |
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| within their respective caucuses the members of the
Majority |
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| and Minority Leaderships as allowed by law.
|
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| (b) Appointments are effective
upon being filed with the |
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| Clerk and remain
effective at the pleasure of the Speaker and |
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| Minority Leader,
respectively, or until a vacancy occurs by |
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| reason of
resignation or because a leader has ceased to be a
|
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| Representative. Successor leaders shall be appointed in the
|
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| same manner as their predecessors. Leaders have those
powers |
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| delegated to them by the Speaker or Minority Leader,
as the |
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| case may be.
|
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| (House Rule 4)
|
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| 4. The Speaker.
|
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| (a) The Speaker has those powers conferred upon
him or her |
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| by the Constitution, the laws of Illinois, and any
motions or |
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| resolutions adopted by the House or jointly by the House and |
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| Senate.
|
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| (b) Except as otherwise provided by law, the Speaker is the
|
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| chief administrative officer of the House and has
those powers |
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| necessary to carry out those functions. The
Speaker may |
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| delegate administrative duties as he
or she deems appropriate.
|
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| (c) The duties of the Speaker include the
following:
|
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| (1) To preside at all sessions of the House, although
|
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| the Speaker may call on any member to preside
temporarily |
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| as Presiding Officer.
|
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| (2) To open the session at the time at which the House
|
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| is to meet by taking the chair and calling the
members to |
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| order. The Speaker may call on any
member to open the |
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| session as Presiding Officer.
|
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| (3) To announce the business before the House in the
|
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| order upon which it is to be acted.
The Presiding Officer |
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| shall
perform this duty during the period that he or she is |
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| presiding.
|
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| (4) To recognize those members entitled to the floor.
|
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| (5) To state and put to a vote all questions that are
|
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| regularly moved or that necessarily arise in the
course of |
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| the proceedings, and to announce the
result of the vote.
|
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| (6) To preserve order and decorum.
|
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| (7) To decide all points of order, subject to appeal,
|
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| and to speak on these points in preference to other |
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| members.
|
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| (8) To inform the House when necessary, or when any
|
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| question is raised, on any point of order or
practice |
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| pertinent to the pending business.
|
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| (9) To sign or authenticate all acts, proceedings, or
|
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| orders of the House. All writs, warrants, and
subpoenae |
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| issued by order of the House, or any of its committees,
|
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| shall be signed by the Speaker and attested by the Clerk.
|
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| (10) To sign all bills passed by both chambers of the
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| General Assembly to certify that the procedural
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| requirements for passage have been met.
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| (11) To have general supervision ,including the duty to |
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| protect the security and safety, of the House
Chamber, |
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| galleries, and adjoining and connecting
hallways and |
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| passages, including the duty to protect their security and |
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| safety and the power to clear
them when necessary. The |
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| House Chamber shall not be
used without permission of the |
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| Speaker.
|
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| (12) To have general supervision of the Clerk and his |
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| or
her assistants, the Doorkeeper and his or her
|
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| assistants, the majority caucus staff, the |
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| parliamentarians, and all
employees of the House except the |
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| minority caucus
staff.
|
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| (13) To determine the number of majority caucus
members |
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| and minority caucus members to be
appointed to all |
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| committees, except the Rules
Committee created by Rule 15 , |
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| the Committee on Conflicts of Interest created by
Rule 71, |
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| and those committees that may be created under Article XII |
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| of these
Rules.
|
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| (14) To appoint all Chairpersons, Co-Chairpersons, and
|
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| Vice-Chairpersons of committees (from either the majority |
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| or minority caucus),
and to appoint all majority caucus |
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| members of committees.
|
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| (15) To enforce all constitutional provisions, |
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| statutes,
rules, and regulations applicable to the House.
|
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| (16) To guide and direct the proceedings of the House
|
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| subject to the control and will of the members.
|
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| (17) To direct the Clerk to correct non-substantive
|
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| errors in the Journal.
|
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| (18) To assign meeting places and meeting times to
|
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| committees and subcommittees.
|
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| (19) To perform any other duties assigned to the |
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| Speaker
by these House Rules or jointly by the House and |
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| Senate.
|
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| (20) To decide, subject to the control and will of the
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| members, all questions relating to the priority of
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| business.
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| (21) To issue, in cooperation with the Comptroller and
|
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| after clearance with the United States Internal
Revenue |
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| Service, written regulations covering
administration of |
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| contingent expense allowances of
members of the House.
|
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| (22) To appoint one or more parliamentarians to serve |
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| at the pleasure of
the Speaker.
|
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| (d) This Rule may be suspended only by the affirmative vote |
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| of 71 members
elected.
|
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| (House Rule 5)
|
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| 5. Powers and Duties of the Minority Leader.
|
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| (a) The Minority Leader has those powers conferred
upon him |
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| or her by the Constitution, the laws of Illinois,
and any |
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| motions or resolutions adopted by the House or
jointly by the |
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| House and Senate.
|
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| (b) The Minority Leader shall appoint to all committees
the |
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| members from the minority caucus and shall designate a
Minority |
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| Spokesperson for each committee, except
that the
Speaker may |
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| appoint a minority caucus member to be Chairperson of a |
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| standing
committee or Chairperson or
Co-Chairperson of a |
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| special committee.
|
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| (c) The Minority Leader has general supervision
of the |
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| minority caucus staff.
|
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| (House Rule 6)
|
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| 6. Clerk of the House.
|
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| (a) The House shall elect a Clerk, who may adopt
|
28 |
| appropriate policies or procedures for the conduct of his or
|
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| her office. The Speaker is the final arbiter of any
dispute |
30 |
| arising in connection with the operation of the
Office of the |
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| Clerk.
|
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| (b) The duties of the Clerk include the following:
|
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| (1) To have custody of all bills, papers, and records |
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| of
the House, which shall not be taken out of the
Clerk's |
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| custody except in the regular course of
business in the |
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| House.
|
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| (2) To endorse on every original bill and each copy its
|
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| number, the names of sponsors, the date of introduction,
|
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| and the several orders taken on it. When reproduced,
the |
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| names of the sponsors shall appear on the front
page of the |
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| bill in the same order they appeared
when introduced.
|
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| (3) To cause each bill to be reproduced and placed on |
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| the desks of the
members as soon as it is reproduced, as |
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| provided in Rule 39.
|
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| (4) To keep the Journal of the proceedings of the House
|
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| and, under the direction of the Speaker, correct
errors in |
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| the Journal.
|
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| (5) To keep the transcripts of the debates of the House
|
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| and make them available to the public under
reasonable |
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| conditions.
|
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| (6) To keep the necessary records for the House and its
|
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| committees and to prepare the House Calendar for
each |
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| legislative day.
|
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| (7) To examine all House Bills and Constitutional
|
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| Amendment Resolutions following Second Reading and
before |
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| final passage for the purpose of
correcting any |
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| non-substantive errors, and
to report the same back to the |
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| Speaker promptly; to
supervise the enrolling and |
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| engrossing of bills and
resolutions, subject to the |
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| direction of the
Speaker; and to attest to the passage or |
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| adoption of
legislative measures, and to note thereon the |
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| date
of final House action. Any corrections made by the
|
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| Clerk and approved by the Speaker shall be entered
on the |
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| Journal.
|
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| (8) To transmit bills, other documents, and
messages to |
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| the Senate and secure a receipt
therefor, and to receive |
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| from the Senate bills,
other documents, and messages and |
34 |
| give receipt therefor.
|
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| (9) To file with the Secretary of State debate
|
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| transcripts and House documents as required by
law.
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| (10) To attend every session of the House; record the
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| roll; and read all bills, resolutions, and other
papers as |
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| directed by the Speaker. Bills
shall be read by title only.
|
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| (11) To supervise the Assistant Clerk, the Doorkeeper, |
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| pages,
messengers, committee clerks, and other employees
|
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| of his or her office.
|
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| (12) To establish the format for all documents, forms, |
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| and
committee records and tapes prepared by committee
|
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| clerks.
|
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| (13) Subject to approval by the Speaker, to establish |
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| standards of decorum
and other standards regarding written |
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| statements filed under Rule 53.
|
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| (14) To perform other duties assigned by the Speaker.
|
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| (House Rule 7)
|
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| 7. Assistant Clerk of the House. The House shall, in
a |
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| manner consistent with the laws of Illinois, elect an
Assistant |
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| Clerk, who shall perform those duties assigned
by the Clerk.
|
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| (House Rule 8)
|
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| 8. Doorkeeper. The House shall elect a Doorkeeper who
shall |
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| perform those duties assigned by law, or
as ordered by the |
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| Speaker, Presiding Officer, or Clerk. Those
duties shall |
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| include the following:
|
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| (1) To attend the House during its sessions and execute
|
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| the commands of the Speaker or Presiding
Officer.
|
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| (2) To maintain order among spectators admitted into |
26 |
| the
House Chamber, galleries, and adjoining or
connecting |
27 |
| hallways and passages.
|
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| (3) To take proper measures to prevent interruption of
|
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| the House.
|
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| (4) To remove unruly persons from the House Chamber,
|
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| galleries, and adjoining and connecting hallways
and |
32 |
| passages.
|
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| (5) To ensure that only authorized persons have access
|
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| to the House Chamber, galleries, and adjoining hallways
and |
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| passages, subject to the direction of the Speaker.
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| (6) To supervise any Assistant Doorkeepers.
|
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| (7) To perform other duties assigned by the Speaker.
|
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| (House Rule 9)
|
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| 9. Schedule.
|
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| (a) The Speaker shall periodically establish a schedule
of |
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| days on which the House shall convene in regular,
perfunctory, |
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| and veto session, with that schedule subject to
revision at the |
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| discretion of the Speaker.
|
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| (b) The Speaker may schedule or reschedule deadlines
at his |
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| or her discretion for any action on any
category of legislative |
12 |
| measure as the Speaker deems
appropriate, including deadlines |
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| for the following
legislative actions:
|
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| (1) Final day to request bills from the Legislative |
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| Reference
Bureau.
|
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| (2) Final day for introduction of bills.
|
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| (3) Final day for standing committees of the House to |
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| report
House bills, except House appropriation bills.
|
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| (4) Final day for standing committees of the House to |
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| report
House appropriation bills.
|
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| (5) Final day for Third Reading and passage of House |
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| bills,
except House appropriation bills.
|
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| (6) Final day for Third Reading and passage of House
|
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| appropriation bills.
|
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| (7) Final day for standing committees of the House to |
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| report
Senate appropriation bills.
|
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| (8) Final day for standing committees of the House to |
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| report
Senate bills, except appropriation bills.
|
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| (9) Final day for special committees to report to the |
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| House.
|
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| (10) Final day for Third Reading and passage of Senate
|
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| appropriation bills.
|
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| (11) Final day for Third Reading and passage of Senate |
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| bills,
except appropriation bills.
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| (12) Final day for consideration of joint action |
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| motions and conference
committee reports.
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| (c) The Speaker may schedule or reschedule any necessary |
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| deadlines for
legislative action during any special session of |
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| the House.
The Speaker may establish a Weekly Order of Business |
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| or a
Daily Order of Business setting forth the date and |
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| approximate time at which
specific
legislative measures may be |
7 |
| considered by the House. The Weekly Order of
Business or Daily |
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| Order of Business is effective upon being filed by the
Speaker |
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| with the Clerk and takes the place of the standing order of
|
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| business for the amount of time necessary for its completion. |
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| Nothing in this
Rule, however, limits the Speaker's or |
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| Presiding Officer's powers under Rule
4(c)(3) or Rule 43(a).
|
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| (d) The foregoing deadlines, or any revisions to those |
14 |
| deadlines,
are effective upon being filed by the Speaker with
|
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| the Clerk. The Clerk shall journalize those deadlines.
|
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| (e) This Rule may be suspended only by the affirmative vote |
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| of 71 members
elected.
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| ARTICLE II
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| COMMITTEES
|
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| (House Rule 10)
|
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| 10. Committees.
|
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| (a) The committees of the House are: (i) the
standing |
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| committees listed in Rule 11; (ii) the special
committees |
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| created under Rule 13; (iii)
subcommittees created by standing |
25 |
| committees
or by special committees; (iv) the Rules
Committee |
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| created under Rule 15; (v) the Committee on Conflicts of |
27 |
| Interest
created under Rule 71; (vi) the Election Contest or |
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| Qualifications Challenge
Committees, if any,
created under |
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| Article X; (vi)
and (vii) any committees created under Article |
30 |
| XII ; and (vii) any Committee of the Whole .
Subcommittees may |
31 |
| not create subcommittees. Committees of the Whole shall consist |
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| of all Representatives.
|
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| (b) Except as otherwise provided in this Rule, all |
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| committees, except
special committees created under
Rule 13, |
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| shall have a Chairperson and Minority
Spokesperson, who may be |
3 |
| of the same political party.
Special committees created under |
4 |
| Rule 13
that have Co-Chairpersons from different political |
5 |
| parties shall not have a
Minority
Spokesperson.
No member may |
6 |
| be appointed to serve as a Chairperson, Minority Spokesperson,
|
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| or Co-Chairperson of any committee unless the member is serving |
8 |
| in at least his
or her third term as a member of the General |
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| Assembly, including any terms in
which the member was appointed |
10 |
| to fill a vacancy in the office of
Representative or Senator; |
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| provided that this requirement does not apply if the
member |
12 |
| received a stipend or additional amount during a previous |
13 |
| General
Assembly as an "officer", "committee chairman", or |
14 |
| "committee minority
spokesman" as provided
in Section 1 of the |
15 |
| General Assembly Compensation Act (25
ILCS 115/1) and in Rule |
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| 13(b).
Each committee may have a Vice-Chairperson appointed
by |
17 |
| the Speaker. Committees of the Whole shall consist of all
|
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| Representatives. The number of majority caucus members and
|
19 |
| minority caucus members of all committees, except the Rules |
20 |
| Committee
created under Rule 15 , the Committee on Conflicts of |
21 |
| Interest created under
Rule 71,
and any committees that may be |
22 |
| created under Article XII, shall
be determined by the Speaker.
|
23 |
| The Speaker shall file a notice with the Clerk setting forth |
24 |
| the number
of majority caucus and minority caucus
members of |
25 |
| each committee, which shall be journalized.
A member may be |
26 |
| temporarily replaced on a committee due to illness
or if the |
27 |
| member is otherwise unavailable. All leaders are
non-voting |
28 |
| ex-officio members of each standing committee and each special
|
29 |
| committee, except
that the leaders may also be appointed to |
30 |
| standing committees or special
committees as
voting members.
|
31 |
| The Speaker may also appoint any member of the majority caucus, |
32 |
| and the
Minority Leader may appoint any member of the minority |
33 |
| caucus, as a non-voting
ex-officio member of any standing |
34 |
| committee or special committee.
|
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| (c) The Chairperson of a committee has the
authority to |
36 |
| call the committee to order, designate the order
in which bills |
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| and resolutions posted for hearing shall be
taken up and in |
2 |
| what order , order a record vote to be taken on each
legislative |
3 |
| measure called for a vote, preserve order and
decorum during |
4 |
| committee meetings, establish procedural rules (subject to
|
5 |
| approval by the Speaker) governing the presentation and |
6 |
| consideration of
legislative measures, and generally supervise
|
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| the affairs of the committee. The Vice-Chairperson of a
|
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| committee or other member of the committee from the majority
|
9 |
| caucus may preside over its meetings in the absence or at the
|
10 |
| direction of the Chairperson.
In the case of special committees |
11 |
| with Co-Chairpersons from different
political parties, the |
12 |
| "Chairperson" for purposes of this Rule is the
Co-Chairperson |
13 |
| from the majority caucus.
|
14 |
| (d) A vacancy on a committee, or in the position of |
15 |
| Chairperson,
Co-Chairperson,
Vice-Chairperson, or Minority |
16 |
| Spokesperson on a
committee, exists when a member resigns from |
17 |
| the
position or ceases to be a Representative. Resignations
|
18 |
| shall be made in writing to the Clerk, who shall promptly
|
19 |
| notify the Speaker and Minority Leader. Absent concurrence
by a |
20 |
| majority of those elected, except as otherwise provided in
Rule |
21 |
| 15 and except in connection with temporary replacements under |
22 |
| Rule 10(b),
no member who resigns from a committee shall be
|
23 |
| re-appointed to that committee for the remainder of the term.
|
24 |
| Replacement members shall be of the same political party as
|
25 |
| that of the member who resigns, and shall be appointed in the
|
26 |
| same manner as the original appointment, except that in the |
27 |
| case of the
resignation of a Chairperson or Co-Chairperson, the |
28 |
| replacement member need not
be from the same political party. |
29 |
| In the case of vacancies on
subcommittees that were created by |
30 |
| committees, the
parent committee shall fill the vacancy in the |
31 |
| same manner as the original
appointment.
|
32 |
| (e) The Chairperson of a committee has the
authority to |
33 |
| call meetings of that committee, subject to the
approval of the |
34 |
| Speaker. In the case of special committees with
Co-Chairpersons |
35 |
| from different political parties, the Co-Chairperson from the
|
36 |
| majority caucus has
the authority to call meetings of the |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| special committee, subject to the
approval
of the Speaker. |
2 |
| Except as otherwise provided by
these Rules, committee meetings |
3 |
| shall be convened
in accordance with Rule 21.
|
4 |
| (f) This Rule may be suspended only by the affirmative vote |
5 |
| of 71 members
elected.
|
6 |
| (House Rule 11)
|
7 |
| 11. Standing Committees. The Standing Committees of
the |
8 |
| House are as follows:
|
9 |
| AGING
|
10 |
| AGRICULTURE & CONSERVATION
|
11 |
| APPROPRIATIONS-ELEMENTARY & SECONDARY EDUCATION
|
12 |
| APPROPRIATIONS-GENERAL SERVICES
|
13 |
| APPROPRIATIONS-HIGHER EDUCATION
|
14 |
| APPROPRIATIONS-HUMAN SERVICES
|
15 |
| APPROPRIATIONS-PUBLIC SAFETY
|
16 |
| CHILD SUPPORT ENFORCEMENT
|
17 |
| COMMERCE & BUSINESS DEVELOPMENT
|
18 |
| COMPUTER TECHNOLOGY
|
19 |
| CONSUMER PROTECTION
|
20 |
| ELECTIONS & CAMPAIGN REFORM
|
21 |
| ELECTRIC UTILITY DEREGULATION
|
22 |
| ELEMENTARY & SECONDARY EDUCATION
|
23 |
| ENVIRONMENT & ENERGY
|
24 |
| ENVIRONMENTAL HEALTH
|
25 |
| EXECUTIVE
|
26 |
| FINANCIAL INSTITUTIONS
|
27 |
| HEALTH CARE AVAILABILITY & ACCESS
|
28 |
| HIGHER EDUCATION
|
29 |
| HOUSING & URBAN DEVELOPMENT
|
30 |
| HUMAN SERVICES
|
31 |
| INSURANCE
|
32 |
| INTERNATIONAL TRADE & COMMERCE
|
33 |
| JUDICIARY I-CIVIL LAW
|
34 |
| JUDICIARY II-CRIMINAL LAW
|
35 |
| JUVENILE JUSTICE REFORM
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| LABOR
|
2 |
| LOCAL GOVERNMENT
|
3 |
| MASS TRANSIT
|
4 |
| PERSONNEL & PENSIONS
|
5 |
| PUBLIC UTILITIES
|
6 |
| REGISTRATION & REGULATION
|
7 |
| REVENUE
|
8 |
| STATE GOVERNMENT ADMINISTRATION
|
9 |
| TELECOMMUNICATIONS REWRITE
|
10 |
| TOURISM & CONVENTIONS
|
11 |
| TRANSPORTATION & MOTOR VEHICLES
|
12 |
| VETERANS' AFFAIRS
|
13 |
| (House Rule 12)
|
14 |
| 12. Members and Officers of Standing Committees. The |
15 |
| members of each standing committee shall be appointed
for the |
16 |
| term by the Speaker and the Minority Leader. The
Speaker shall |
17 |
| appoint the Chairperson (from either the majority or minority
|
18 |
| caucus) and the remaining
standing committee members of the |
19 |
| majority caucus (one of whom the
Speaker may designate as |
20 |
| Vice-Chairperson), and the Minority
Leader shall appoint the
|
21 |
| remaining standing committee members of the minority caucus |
22 |
| (one of whom the
Minority Leader may designate as Minority |
23 |
| Spokesperson). Appointments are
effective upon the
delivery of |
24 |
| appropriate correspondence from the
respective leader to the |
25 |
| Clerk, regardless of whether the
House is in session, and shall |
26 |
| remain effective for the duration of the term,
subject to Rule |
27 |
| 10(d). The Clerk shall journalize
the appointments. Committees |
28 |
| may
conduct business when a majority of the total
number of |
29 |
| committee members has been appointed. No member may be |
30 |
| appointed to more than one of the following standing |
31 |
| committees: Electric Utility Deregulation, Public Utilities, |
32 |
| and Telecommunications Rewrite.
|
33 |
| (House Rule 13)
|
34 |
| 13. Special Committees.
|
|
|
|
HR0022 |
- 14 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| (a) The following Special Committees are created:
|
2 |
| DEVELOPMENTAL DISABILITIES AND MENTAL ILLNESS
|
3 |
| FEE-FOR-SERVICE INITIATIVES
|
4 |
| GAMING
|
5 |
| TOURISM
|
6 |
| The Speaker may create additional special committees by |
7 |
| filing a notice of
the
creation of the special committee with |
8 |
| the Clerk.
The notice creating an additional special committee |
9 |
| shall specify the subject
matter of the special committee and |
10 |
| the number of members to be appointed.
|
11 |
| (b) The Speaker shall determine the number of majority and
|
12 |
| minority caucus members to be appointed to special committees |
13 |
| in
accordance with Rule 10(b). The Speaker, at his or her |
14 |
| discretion, shall
appoint a Chairperson or
Co-Chairpersons. |
15 |
| The Speaker may appoint any
member as a Chairperson or |
16 |
| Co-Chairperson of a special committee.
If the Chairperson or |
17 |
| Co-Chairperson is a member of the majority or minority
|
18 |
| leadership or the Chairperson or Minority
Spokesperson of a |
19 |
| standing committee, the member shall receive no
additional |
20 |
| stipend or compensation for serving as Chairperson or
|
21 |
| Co-Chairperson of the special committee.
For purposes of |
22 |
| Section 1 of the General Assembly Compensation Act (25 ILCS
|
23 |
| 115/1), (i) a special committee under these rules is considered |
24 |
| a "select
committee" and (ii) one Co-Chairperson of a special |
25 |
| committee shall be
considered "Chairman" and the other shall be |
26 |
| considered "Minority Spokesman".
The appointed members of |
27 |
| special
committees
shall be designated by the Speaker and the |
28 |
| Minority Leader in
a like manner as provided in Rule 12 with |
29 |
| respect to standing
committees, except that
if the special |
30 |
| committee
has
Co-Chairpersons from
different political |
31 |
| parties,
the special
committee shall not have a Minority |
32 |
| Spokesperson. In that case, the Minority
Leader shall appoint |
33 |
| the minority caucus members to the special committee,
except |
34 |
| the Co-Chairperson from the minority caucus who shall be |
35 |
| appointed by
the Speaker. The Speaker may establish a reporting |
|
|
|
HR0022 |
- 15 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| date during the term for each special
committee by filing a |
2 |
| notice of the reporting date with the Clerk. Unless an
earlier
|
3 |
| date is specified by the notice, special committees expire at |
4 |
| the end of the
term.
|
5 |
| (c) Special committees are empowered to conduct business |
6 |
| when a
majority of the total number of committee members has |
7 |
| been appointed.
|
8 |
| (d) This Rule may be suspended only by the affirmative vote |
9 |
| of 71 members
elected.
|
10 |
| (House Rule 14)
|
11 |
| 14. Subcommittees.
|
12 |
| (a) The Chairperson of a standing committee or a special
|
13 |
| committee may create a subcommittee by filing a notice with the |
14 |
| Clerk and
the committee clerk. The number
of majority caucus |
15 |
| and minority caucus members to be
appointed to a subcommittee |
16 |
| shall be determined by the
Committee Chairperson, and filed |
17 |
| with the Clerk and the committee clerk.
In the case of
special |
18 |
| committees
with Co-Chairpersons from different political |
19 |
| parties, the creation of
subcommittees and the number of |
20 |
| majority
caucus and minority caucus members to be appointed to |
21 |
| the subcommittee shall
be determined by the Co-Chairperson from |
22 |
| the majority caucus.
Members of subcommittees must be members |
23 |
| of
the parent committee, and shall be appointed in the manner |
24 |
| determined
by the committee Chairperson, or in the case of |
25 |
| special committees with
Co-Chairpersons from different |
26 |
| political parties, by the Co-Chairperson from
the majority |
27 |
| caucus.
|
28 |
| The notice creating a subcommittee shall specify the |
29 |
| subject matter
of the subcommittee and the number of members to |
30 |
| be appointed,
and may specify a reporting date during the term. |
31 |
| Unless an earlier date is
specified
by the notice, |
32 |
| subcommittees expire at the end of the term.
|
33 |
| (b) This Rule may be suspended only by the affirmative vote |
34 |
| of 71 members
elected.
|
|
|
|
HR0022 |
- 16 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| (House Rule 15)
|
2 |
| 15. Rules Committee.
|
3 |
| (a) The Rules Committee is created as a permanent |
4 |
| committee.
The Rules Committee shall consist of 5 members,
3 |
5 |
| appointed by the Speaker and 2
appointed by the Minority |
6 |
| Leader. The
Speaker and the Minority Leader are each eligible |
7 |
| to be
appointed to the Rules Committee. The Rules Committee may
|
8 |
| conduct business when a majority of the total
number of its |
9 |
| members has been appointed.
|
10 |
| (b) The majority caucus members of the Rules Committee
|
11 |
| shall serve at the pleasure of the Speaker, and the minority
|
12 |
| caucus members shall serve at the pleasure of the Minority
|
13 |
| Leader. Appointments shall be by notice filed with
the Clerk, |
14 |
| and shall be effective for the balance of the term
or until a |
15 |
| replacement appointment is made, whichever
first occurs. |
16 |
| Appointments take effect upon filing with
the Clerk, regardless |
17 |
| of whether the House is in
session. Notwithstanding any other |
18 |
| provision of these
Rules, any Representative who is replaced on |
19 |
| the Rules
Committee may be re-appointed to the Rules Committee |
20 |
| without
concurrence of the House.
|
21 |
| (c) Notwithstanding any other provision of these
Rules, the |
22 |
| Rules Committee may meet upon reasonable public
notice that |
23 |
| includes a statement of the subjects to be
considered. All |
24 |
| legislative measures pending before the
Rules Committee are |
25 |
| eligible for consideration at any
of its meetings, and all of |
26 |
| those legislative measures are
deemed posted for hearing by the |
27 |
| Rules Committee for all of
its meetings.
|
28 |
| (d) Upon concurrence of a majority of those appointed,
the |
29 |
| Rules Committee may advance any legislative measure
pending |
30 |
| before it to the House, without referral to another committee;
|
31 |
| the Rules Committee, however, shall not so report any bill that |
32 |
| has
never been before a standing committee or a special |
33 |
| committee of the House.
|
34 |
| (e) This Rule may be suspended only by the affirmative vote |
35 |
| of 71
members elected.
|
|
|
|
HR0022 |
- 17 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| (House Rule 16)
|
2 |
| 16. Referrals of Resolutions and Reorganization Orders.
|
3 |
| (a) All resolutions, except adjournment resolutions and |
4 |
| resolutions
considered under subsection (b) or (c) of this |
5 |
| Rule, after being initially read
by the
Clerk, are |
6 |
| automatically referred to the Rules
Committee, which may |
7 |
| thereafter refer any resolution
before it to the House or to a |
8 |
| standing committee or special committee. No
resolution, except |
9 |
| adjournment resolutions and resolutions considered under
|
10 |
| subsection (b) or (c) of this Rule, may be considered by the |
11 |
| House
unless referred to the House by the Rules Committee under |
12 |
| Rule 18, or by a
standing committee or special committee. An |
13 |
| adjournment resolution is subject
to Rule 66.
|
14 |
| (b) Any member may file a congratulatory resolution for |
15 |
| consideration by the
House. The Principal Sponsor of each |
16 |
| congratulatory resolution shall pay a
reasonable fee, |
17 |
| determined by the Clerk with the approval of the Speaker, to
|
18 |
| offset the actual cost of producing the congratulatory |
19 |
| resolution. The fee may
be paid from the office allowance |
20 |
| provided by Section 4 of the General Assembly
Compensation Act, |
21 |
| or from any other funds available to the member.
Upon agreement |
22 |
| of the Speaker and the Minority Leader, congratulatory
|
23 |
| resolutions may be immediately considered and adopted by the |
24 |
| House
without referral to the Rules Committee. Those |
25 |
| resolutions may be adopted as a
group by a single motion. |
26 |
| Congratulatory resolutions shall be
entered on the Journal only |
27 |
| by number, sponsorship, and subject. The
provisions of this |
28 |
| subsection requiring the Principal Sponsor to pay a
reasonable |
29 |
| fee may not be suspended.
|
30 |
| (c) Death resolutions in memory of former members of the |
31 |
| General Assembly
and
former
constitutional officers, upon |
32 |
| introduction, may be immediately considered by
the House |
33 |
| without referral to the Rules Committee. Those resolutions |
34 |
| shall be
entered on the Journal in full.
|
35 |
| (d) Executive reorganization orders of the Governor
issued |
36 |
| under Article V, Sec. 11 of the Constitution,
upon being read |
|
|
|
HR0022 |
- 18 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| into the record by the Clerk, are
automatically referred to the |
2 |
| Rules Committee for its
referral to a standing committee or a |
3 |
| special committee, which may
issue a recommendation to the |
4 |
| House with respect to the
Executive Order. The House may |
5 |
| disapprove of an
Executive Order only by resolution adopted by |
6 |
| a majority of
those elected; no such resolution is in order |
7 |
| until a
standing committee or a special committee has reported |
8 |
| to the House on the
executive reorganization, or until the |
9 |
| Executive Order has
been discharged under Rule 58.
|
10 |
| (House Rule 17)
|
11 |
| 17. Sponsorship by the Rules Committee. The Rules Committee |
12 |
| may consider any legislative
measure referred to it under these |
13 |
| Rules, by
motion or resolution, or by order of the Presiding |
14 |
| Officer
upon initial reading. The Rules Committee may, with the
|
15 |
| concurrence of a majority of those appointed, sponsor motions
|
16 |
| or resolutions; notwithstanding any other provision of these
|
17 |
| Rules, any motion or resolution sponsored by the Rules
|
18 |
| Committee may be immediately considered by the House without
|
19 |
| referral to a committee. Any such motion or resolution shall be |
20 |
| assigned
standard debate status, subject to Rule 52.
|
21 |
| (House Rule 18)
|
22 |
| 18. Referrals to Committees.
|
23 |
| (a) All House Bills and Senate Bills, after being
initially |
24 |
| read by the Clerk, are automatically referred
to the Rules |
25 |
| Committee.
|
26 |
| (b) During odd-numbered years, the Rules Committee
shall |
27 |
| thereafter refer any such bill before it , and which has a |
28 |
| Principal Sponsor, to a
standing committee or a special |
29 |
| committee within 3 legislative days. During
even-numbered |
30 |
| years, the Rules Committee shall refer to
a standing committee |
31 |
| or a special committee only appropriation bills
implementing |
32 |
| the budget and bills deemed by the Rules
Committee, by the |
33 |
| affirmative vote of a majority appointed, to be of an
emergency |
34 |
| nature or to be of
substantial importance to the operation of |
|
|
|
HR0022 |
- 19 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| government.
This subsection (b) applies equally to House Bills
|
2 |
| and Senate Bills introduced into or received by the House.
|
3 |
| (c) A standing committee or a special committee may refer a |
4 |
| subject matter
or a legislative measure pending in that |
5 |
| committee to a subcommittee of that
committee.
|
6 |
| (d) All legislative measures favorably reported by a
|
7 |
| standing committee or a special committee, or discharged from a |
8 |
| standing
committee or a special committee under Rule 58, shall |
9 |
| be referred to the House
and placed on the appropriate order of |
10 |
| business, which shall
appear on the daily calendar. All |
11 |
| legislative measures, except bills or
resolutions on the |
12 |
| Consent Calendar, bills or resolutions assigned short debate
|
13 |
| status by a standing committee or special committee, and floor
|
14 |
| amendments,
so referred are automatically assigned standard |
15 |
| debate status, subject to
Rule 52.
|
16 |
| (e) All floor amendments, joint action motions
for final |
17 |
| action, conference committee reports, and motions to table |
18 |
| committee
amendments, upon
filing with the Clerk, are |
19 |
| automatically referred to the Rules
Committee. The Rules |
20 |
| Committee may refer any floor amendment, joint
action motion |
21 |
| for final action, conference committee report, or motion to |
22 |
| table
a committee amendment
to the House or to a standing |
23 |
| committee or a special committee
for its review and |
24 |
| consideration (in those instances, and notwithstanding
any |
25 |
| other provision of these Rules, the standing committee
or |
26 |
| special committee may hold a hearing
on and consider those |
27 |
| legislative measures pursuant to
a one-hour advance notice). |
28 |
| Any floor amendment, joint action motion for final
action, |
29 |
| conference committee report, or motion to table a committee |
30 |
| amendment
that is not referred to the House by the Rules
|
31 |
| Committee
is out of order, except that any floor amendment, |
32 |
| joint
action
motion for final action, conference committee |
33 |
| report, or motion to table a
committee amendment favorably |
34 |
| approved
by a standing committee or a special committee is |
35 |
| deemed referred to
the House by the Rules Committee for |
36 |
| purposes of this Rule. All joint action
motions for final |
|
|
|
HR0022 |
- 20 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| action, conference committee reports and motions to table
|
2 |
| committee amendments so referred are
automatically assigned |
3 |
| standard debate status, subject to
Rule 52.
Floor amendments |
4 |
| referred to the House under this Rule are automatically
|
5 |
| assigned amendment debate status.
|
6 |
| (f) The Rules Committee may at any time refer or
re-refer a |
7 |
| legislative measure from a committee to a
Committee of the |
8 |
| Whole or to any other committee.
|
9 |
| (g) Legislative measures may be discharged from the Rules
|
10 |
| Committee only by unanimous consent of the House. Any bill
|
11 |
| discharged from the Rules Committee shall be placed on the
|
12 |
| order of Second Reading and assigned standard debate status, |
13 |
| subject to
Rule 52.
|
14 |
| (h) Except for those provisions that require unanimous
|
15 |
| consent, this Rule may be suspended only by the affirmative |
16 |
| vote of 71
members elected.
|
17 |
| (House Rule 19)
|
18 |
| 19. Re-Referrals to the Rules Committee.
|
19 |
| (a) All legislative measures that fail to meet
the |
20 |
| applicable deadline established under Rule
9 for reporting to |
21 |
| the House by a standing committee or a special committee,
for |
22 |
| Third Reading and passage, or for consideration of joint action |
23 |
| motions and
conference committee reports are automatically
|
24 |
| re-referred to the Rules Committee unless:
(i) the deadline has |
25 |
| been suspended or revised by the Speaker,
with re-referral to |
26 |
| the Rules Committee to occur if the bill
has not been reported |
27 |
| to the House in accordance with a
revised deadline; or (ii) the |
28 |
| Rules Committee has issued a
written exception to the Clerk |
29 |
| with respect to a particular
bill before the reporting |
30 |
| deadline, with re-referral
to occur, if at all, in accordance |
31 |
| with the written
exception.
|
32 |
| (b) All legislative measures pending before the House or
|
33 |
| any of its committees are automatically re-referred to the |
34 |
| Rules
Committee on the 31st consecutive day that the House has |
35 |
| not
convened for session unless: (i) any deadline applicable to |
|
|
|
HR0022 |
- 21 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| the bill or
resolution that has been designated by the Speaker |
2 |
| under Rule 9 exceeds 31
days, with re-referral to occur, if at |
3 |
| all, in accordance with that deadline;
(ii) this Rule is
|
4 |
| suspended under Rule 67; or (iii) the Rules
Committee, by the |
5 |
| affirmative vote of a majority appointed, issues a written
|
6 |
| exception to the Clerk before that
31st day.
|
7 |
| (House Rule 20)
|
8 |
| 20. Reporting by Committees. Committees shall report
to the |
9 |
| House, and subcommittees shall report to their parent
|
10 |
| committees.
|
11 |
| (House Rule 21)
|
12 |
| 21. Notice.
|
13 |
| (a) Except as provided in Rule 18 or unless
this Rule is |
14 |
| suspended under Rule 67, no standing
committee or special |
15 |
| committee may consider or conduct a hearing with respect
to a |
16 |
| subject matter or a legislative measure absent notice first |
17 |
| being given as
follows:
|
18 |
| (1) The Chairperson of the committee, or the |
19 |
| Co-Chairperson from the
majority caucus of a special |
20 |
| committee, shall, no later
than 6 days before any proposed |
21 |
| hearing, post a
notice on the House bulletin board |
22 |
| identifying each subject matter and each
legislative |
23 |
| measure, other than a committee
amendment upon initial |
24 |
| consideration under
Rule 40, that may be considered during |
25 |
| that
hearing. The notice shall contain the day, hour, and
|
26 |
| place of the hearing. Legislative measures and subject |
27 |
| matters posted for hearing as provided in this item (1) may |
28 |
| also be considered at any committee hearing re-convened |
29 |
| following a recess of the committee for which notice was |
30 |
| posted, but only if the House has met or was scheduled to |
31 |
| meet in regular, veto, or special session on each calendar |
32 |
| day from the time of the original committee hearing to the |
33 |
| re-convened committee hearing.
|
34 |
| (2) Meetings of the Rules Committee may be called
under |
|
|
|
HR0022 |
- 22 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| Rule 15; meetings of the standing
committees and special |
2 |
| committees to consider floor amendments,
joint action |
3 |
| motions for final consideration, conference committee |
4 |
| reports, and
motions to table committee amendments
may be |
5 |
| called under Rule 18.
|
6 |
| (3) The Chairperson, or Co-Chairperson from the |
7 |
| majority caucus of a
special committee, shall, in advance |
8 |
| of a committee
hearing, notify all Principal Sponsors of
|
9 |
| legislative measures posted for that hearing of the
date, |
10 |
| time, and place of hearing. When practical,
the Clerk shall |
11 |
| include a notice of all scheduled
hearings, together with |
12 |
| all posted bills and
resolutions, in the Daily Calendar of |
13 |
| the House.
Regardless of whether a particular legislative
|
14 |
| measure or subject matter has been posted for hearing, it |
15 |
| is in
order for a committee during any of its meetings to
|
16 |
| refer a subject matter or legislative measure pending |
17 |
| before it to a
subcommittee of that committee.
|
18 |
| (b) Other than the Rules Committee, no committee may meet |
19 |
| during any session
of the House, and no commission created by |
20 |
| Illinois law that has legislative
membership may meet during |
21 |
| any session of the House.
|
22 |
| (c) Regardless of whether notice has been
previously given, |
23 |
| it is always in order for a committee
to table any legislative |
24 |
| measure pending before it
when the Principal Sponsor so |
25 |
| requests , subject to Rule 60 .
|
26 |
| (d) This Rule may be suspended only by the affirmative vote |
27 |
| of 71 members
elected , subject to Rule 25 .
|
28 |
| (House Rule 22)
|
29 |
| 22. Committee Procedure.
|
30 |
| (a) A committee may consider any legislative measure
|
31 |
| referred to it, except as provided in subsection (b), and may |
32 |
| make with
respect to that legislative
measure one of the |
33 |
| following reports to the House or to the
parent committee, as |
34 |
| appropriate:
|
35 |
| (1) that the bill "do pass";
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (2) that the bill "do not pass";
|
2 |
| (3) that the bill "do pass as amended";
|
3 |
| (4) that the bill "do not pass as amended";
|
4 |
| (5) that the resolution "be adopted";
|
5 |
| (6) that the resolution "be not adopted";
|
6 |
| (7) that the resolution "be adopted as amended";
|
7 |
| (8) that the resolution "be not adopted as amended";
|
8 |
| (9) that the floor amendment, joint action motion, |
9 |
| conference committee
report, or motion to table a committee |
10 |
| amendment referred by the Rules
Committee "be adopted";
|
11 |
| (10) that the floor amendment, joint action motion, |
12 |
| conference
committee report, or motion to table a committee |
13 |
| amendment referred by the
Rules Committee "be not adopted";
|
14 |
| (11) "without recommendation"; or
|
15 |
| (12) "tabled".
|
16 |
| Any of the foregoing reports may be made only upon the
|
17 |
| concurrence of a majority of those appointed. All
legislative |
18 |
| measures reported "do pass", "do pass as
amended", "be |
19 |
| adopted", or "be adopted as amended"
are favorably reported to |
20 |
| the House.
Except as otherwise provided by these Rules,
any |
21 |
| legislative measure referred or re-referred to a
committee and |
22 |
| not reported under this Rule shall
remain in that committee.
|
23 |
| (b) No bill or committee amendment that provides for an |
24 |
| appropriation of
money from the State Treasury may be |
25 |
| considered by an Appropriations Committee
unless the bill or |
26 |
| committee amendment is limited to appropriations to a single
|
27 |
| department, office, or institution; this provision does not |
28 |
| apply to floor
amendments, joint action motions, or conference |
29 |
| committee reports.
|
30 |
| No bill that provides for an appropriation
of money from |
31 |
| the State Treasury may be
considered for passage by the House |
32 |
| unless it has first
been favorably reported by an |
33 |
| Appropriations
Committee or:
|
34 |
| (1) the bill was discharged from an Appropriations
|
35 |
| Committee under Rule 58;
|
36 |
| (2) the bill was exempted from this requirement by a
|
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| majority of those appointed to the Rules Committee;
or
|
2 |
| (3) this Rule was suspended under Rule 67.
|
3 |
| (c) The Chairperson of each committee, or Co-Chairperson |
4 |
| from the majority
caucus of a special committee, shall keep, or
|
5 |
| cause to be kept, a record in which there shall be entered:
|
6 |
| (1) The time and place of each meeting of the
|
7 |
| committee.
|
8 |
| (2) The attendance of committee members at each |
9 |
| meeting.
|
10 |
| (3) The votes cast by the committee members on all
|
11 |
| legislative measures acted on by the committee.
|
12 |
| (4) The "Record of Committee Witness" forms executed by
|
13 |
| each person appearing or registering in each
committee |
14 |
| meeting, which shall include
identification of the |
15 |
| witness, the person, group, or
firm represented by |
16 |
| appearance and the capacity
in which the representation is |
17 |
| made (if the person
is representing someone other than |
18 |
| himself or
herself), his or her position on the legislation
|
19 |
| under consideration, and the nature of his or her
desired |
20 |
| testimony.
|
21 |
| (5) A tape recording of the proceedings.
|
22 |
| (6) Such additional information as may be requested by
|
23 |
| the Clerk.
|
24 |
| (d) The committee Chairperson, or the Co-Chairperson from |
25 |
| the majority
caucus
of a special committee, shall file with the |
26 |
| Clerk,
along with every bill or resolution reported upon, a |
27 |
| written report containing
such information as required by the
|
28 |
| Clerk. The Clerk may adopt forms, policies, and procedures
with |
29 |
| respect to the preparation, filing, and maintenance of
the |
30 |
| reports.
|
31 |
| (e) When a committee fails to report a legislative
measure |
32 |
| pending before it to the House, or when a committee
fails to |
33 |
| hold a public hearing on a legislative measure
pending before |
34 |
| it, the exclusive means to bring that
legislative measure |
35 |
| directly before the House for its
consideration is as provided |
36 |
| in Rule 18 or Rule 58.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (f) No bill or resolution may be called for a vote in a |
2 |
| standing committee
or special
committee in the absence of the |
3 |
| Principal Sponsor. The Chairperson of a
committee or a chief
|
4 |
| co-sponsor may present a bill or resolution in committee with |
5 |
| the approval of
the Principal Sponsor when the committee |
6 |
| consents.
In the case of special committees with |
7 |
| Co-Chairpersons from different political
parties, the |
8 |
| "Chairperson" means the Co-Chairperson from the majority |
9 |
| caucus.
This subsection may not be suspended.
|
10 |
| (g) Motions for committee approval of bills and resolutions |
11 |
| are renewable, provided that no
No bill or resolution may be |
12 |
| voted on more than
twice in any committee on motions to report |
13 |
| the bill or
resolution favorably, or to reconsider the vote by |
14 |
| which
the committee adopted a motion to report the bill or
|
15 |
| resolution unfavorably. A bill or resolution having failed
to |
16 |
| receive a favorable recommendation after 2 such record
votes |
17 |
| shall be automatically reported with the appropriate
|
18 |
| unfavorable recommendation.
|
19 |
| (h) A bill or resolution shall be given short debate status
|
20 |
| by report of the committee if the bill or resolution was |
21 |
| favorably
reported by a three-fifths vote of the members |
22 |
| present and voting, including those voting "present" .
Bills and |
23 |
| resolutions receiving favorable reports may be
placed upon the |
24 |
| Consent Calendar as provided in Rule 42.
|
25 |
| (i) This Rule may be suspended only by the affirmative vote |
26 |
| of 71 members
elected.
|
27 |
| (House Rule 23)
|
28 |
| 23. Witnesses, Oaths, and Subpoenae.
|
29 |
| (a) Standing committees may administer oaths and may |
30 |
| compel,
by subpoena, any person to appear and give testimony as |
31 |
| a witness before the
standing committee and produce papers, |
32 |
| documents, and other
materials relating to a legislative |
33 |
| measure pending before the standing
committee.
|
34 |
| (b) Special committees may administer oaths and may compel,
|
35 |
| by subpoena, any person to appear and give testimony before the |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| special
committee and produce papers, documents, and other |
2 |
| materials
relating
to the subject matter for which the special |
3 |
| committee was created or relating
to a legislative measure |
4 |
| pending before the special committee.
|
5 |
| (c) A Committee
committee of the Whole
whole may administer |
6 |
| oaths and may compel, by
subpoena, any person to appear and |
7 |
| give testimony before the committee of the
whole and produce |
8 |
| papers, documents, and other materials relating to the
subject |
9 |
| matter for which the committee of the whole was created or |
10 |
| relating to
a legislative measure pending before the committee |
11 |
| of the whole.
|
12 |
| (d) Oaths may be administered under this Rule by the |
13 |
| Presiding Officer or by
the Chairperson of a committee or any |
14 |
| person sitting in his or her stead.
|
15 |
| (e) Subpoenae issued under this Rule must be issued and |
16 |
| signed by the
Chairperson of the committee and must comply with |
17 |
| Rule 4(c)(9).
|
18 |
| (f) In the case of
special committees with
Co-Chairpersons |
19 |
| from different political parties, the term "Chairperson" for
|
20 |
| purposes of this Rule means the Co-Chairperson from the |
21 |
| majority caucus.
|
22 |
| (g) This Rule may be suspended only by the affirmative vote |
23 |
| of 71 members
elected.
|
24 |
| (House Rule 24)
|
25 |
| 24. Committee Reports.
|
26 |
| (a) All bills favorably reported to the House from a
|
27 |
| committee, or with respect to which a committee has been
|
28 |
| discharged, shall be reported to the House and shall be placed |
29 |
| on the
order of Second Reading and assigned standard debate |
30 |
| status, subject to Rule
52. Bills reported to the House from |
31 |
| committee
"do not pass", "do not pass as amended", "without |
32 |
| recommendation", or "tabled"
shall lie on the table.
|
33 |
| (b) All floor amendments, joint action motions for final |
34 |
| action,
conference committee reports, and motions to table |
35 |
| committee amendments
favorably reported from a standing
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| committee or special committee shall be referred to the House |
2 |
| and eligible for
consideration when the House
is on an |
3 |
| appropriate order of business. Amendments to bills that are
not |
4 |
| on the order of Second Reading are out of order. All floor
|
5 |
| amendments,
joint action motions for final action, conference |
6 |
| committee reports, and
motions to table committee amendments |
7 |
| that are
reported to the House from committee
"be not adopted", |
8 |
| "without recommendation", or "tabled" shall lie on the table.
|
9 |
| When the Rules Committee refers a floor amendment, joint action |
10 |
| motion for
final action,
conference committee report, or motion |
11 |
| to table a committee amendment to a
standing committee or a |
12 |
| special committee
that thereafter favorably reports that |
13 |
| legislative measure to the
House, the legislative measure shall |
14 |
| be referred to the House, assigned
standard debate status |
15 |
| subject to Rule 52 (except floor amendments, which
shall be |
16 |
| assigned
amendment debate status), and eligible for |
17 |
| consideration when the House is on
an appropriate order of |
18 |
| business.
|
19 |
| (c) All resolutions favorably reported to the House from
|
20 |
| the Rules Committee, a standing committee, or a special |
21 |
| committee, or with
respect to which the committee has been |
22 |
| discharged, shall be referred to the
House and placed on the |
23 |
| order of Resolutions and assigned standard debate
status,
|
24 |
| subject to Rule 52. All resolutions that are
reported to the |
25 |
| House from committee "be not adopted",
"be not adopted as |
26 |
| amended", "without
recommendation", or "tabled" shall lie on |
27 |
| the table. Floor amendments to
resolutions are subject to the |
28 |
| same procedure applicable
to floor amendments to bills.
|
29 |
| (House Rule 25)
|
30 |
| 25. Suspension of Posting Requirements.
|
31 |
| (a) A motion to
suspend the posting requirements of Rule 21 |
32 |
| must be in
writing, specifying the committee and the bills or
|
33 |
| resolutions to which the motion applies, be carried
on the |
34 |
| calendar before it may be taken up by the House, and adopted by |
35 |
| the
affirmative vote of 60 members elected. The
calendar |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| requirements of this Rule may be suspended only by
unanimous |
2 |
| consent. The requirement that the motion be in
writing may not |
3 |
| be suspended.
|
4 |
| (b) Except for those provisions that may not be suspended |
5 |
| or that require
unanimous consent, this Rule may be suspended |
6 |
| only by the affirmative vote
of 71 members elected.
|
7 |
| (House Rule 26)
|
8 |
| 26. Rights of the Public.
|
9 |
| (a) If a bill or resolution has been properly set for
|
10 |
| hearing and witnesses are present and wish to testify, the
|
11 |
| committee shall hear the witnesses at the scheduled time and
|
12 |
| place , subject to Rule 10(c) .
|
13 |
| (b) Any person wishing to offer testimony to a committee
|
14 |
| hearing of a bill or resolution shall be given a reasonable
|
15 |
| opportunity to do so, orally or in writing. The Chairperson
may |
16 |
| set time limits for presentation of oral testimony. No
|
17 |
| testimony in writing is required of any witness, but any
|
18 |
| witness may submit a statement in writing for the committee
|
19 |
| record. All persons offering testimony shall complete a
"Record |
20 |
| of Committee Witness" form and submit it to the
committee clerk |
21 |
| before testifying.
In the case of special committees with |
22 |
| Co-Chairpersons from different political
parties, the |
23 |
| "Chairperson" means the Co-Chairperson from the majority |
24 |
| caucus.
|
25 |
| (c) A motion to foreclose further oral testimony by
|
26 |
| witnesses on a matter before a committee may be
adopted only by |
27 |
| a three-fifths majority of those voting on
the motion. No such |
28 |
| motion is in order until both
proponents and opponents |
29 |
| requesting to be heard have been
given a fair and substantial |
30 |
| opportunity to express their
positions. No one shall be |
31 |
| prohibited from filing for the
record "Record of Committee |
32 |
| Witness" forms or written
statements while the matter is before |
33 |
| the committee.
|
34 |
| (d) Meetings of committees and subcommittees shall be
open |
35 |
| to the public. Committee meetings of the House may be
closed to |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| the public if two-thirds of the members elected to
the House |
2 |
| determine, by a record vote, that the public interest so |
3 |
| requires.
|
4 |
| (e) This Rule cannot be suspended retroactively.
|
5 |
| (House Rule 27)
|
6 |
| 27. Smoking. Smoking is prohibited at any official
|
7 |
| committee hearing, and no committee member, staff member, or
|
8 |
| member of the public is permitted to smoke in the room
in which |
9 |
| the hearing is being held.
|
10 |
| ARTICLE III
|
11 |
| CONDUCT OF BUSINESS
|
12 |
| (House Rule 28)
|
13 |
| 28. Sessions of the House.
|
14 |
| (a) The House is in session whenever it
convenes in |
15 |
| perfunctory session, regular session, veto
session, or special |
16 |
| session. Members are entitled to per
diem expense |
17 |
| reimbursements only on those regular, veto, and
special session |
18 |
| days that they are in attendance at the
House. Attendance by |
19 |
| members is not required or
recorded on perfunctory session |
20 |
| days.
|
21 |
| (b) Regular and veto session days shall be scheduled
with |
22 |
| notice by the Speaker under Rule 9.
Special session days shall |
23 |
| be scheduled in accordance with
the Constitution and laws of |
24 |
| Illinois.
|
25 |
| (c) The Speaker may schedule
perfunctory session days |
26 |
| during which the Clerk may read into
the House record any |
27 |
| legislative measure.
Committees may meet and may consider and |
28 |
| act upon legislative
measures during a perfunctory session day, |
29 |
| and the Clerk may
receive and read committee reports into the |
30 |
| House record
during a perfunctory day. Except for automatic |
31 |
| referral
under these Rules, no further action may be taken by
|
32 |
| the House with respect to a legislative measure during a
|
|
|
|
HR0022 |
- 30 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| perfunctory session day.
|
2 |
| (House Rule 29)
|
3 |
| 29. Hour of Meeting. Unless otherwise ordered by the |
4 |
| Speaker or Presiding
Officer or as provided in Rule 1, the |
5 |
| House
shall regularly convene at 12:30 p.m. on the first day of |
6 |
| each week that the
House convenes in regular, veto, or special |
7 |
| session and shall convene at
noon on all other days.
|
8 |
| (House Rule 30)
|
9 |
| 30. Access to the House Floor.
|
10 |
| (a) Except as otherwise provided in these Rules, only the
|
11 |
| following persons shall be admitted to the House while it is
in |
12 |
| session: members and officers of the General Assembly;
elected |
13 |
| officers of the executive branch; justices of the
Supreme |
14 |
| Court; the designated aide to the Governor, except as
limited |
15 |
| by the Speaker; the parliamentarian;
majority staff members and |
16 |
| minority staff members, except as
limited by the Speaker or |
17 |
| Presiding Officer; former members, except as
limited by the |
18 |
| Speaker or prohibited under subsection (d);
and employees of |
19 |
| the Legislative Reference Bureau, except as
limited by the |
20 |
| Speaker. Representatives of the press, while
the House is in |
21 |
| session, may have access to the galleries and
places allotted |
22 |
| to them by the Speaker. No person is
entitled to the floor |
23 |
| unless appropriately attired. Only
members of the General |
24 |
| Assembly may use telephones at the
members' desks or in the |
25 |
| telephone booths at the rear of the
House Chamber. Smoking is |
26 |
| prohibited on the floor of the House and
in the House |
27 |
| galleries.
|
28 |
| (b) On days during which the House is in session,
the |
29 |
| Doorkeeper shall clear the floor of all persons not
entitled to |
30 |
| access to the floor 15 minutes before the
convening time, and |
31 |
| the Doorkeeper shall enforce all other
provisions of this Rule.
|
32 |
| (c) The Speaker may authorize the admission to the floor of |
33 |
| any other
person, except as prohibited under subsection (d).
|
34 |
| (d) No person who is directly or indirectly interested
in |
|
|
|
HR0022 |
- 31 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| defeating or promoting any pending legislative measure, if
|
2 |
| required to be registered as a lobbyist, shall be allowed
|
3 |
| access to the floor of the House at any time during the
|
4 |
| session.
|
5 |
| (e) When he or she deems it necessary for the
preservation |
6 |
| of order, the Presiding Officer may by order
remove any person |
7 |
| from the floor of the House. A
Representative may be removed |
8 |
| from the floor only under
Article XI or XII of these Rules.
|
9 |
| (House Rule 31)
|
10 |
| 31. Standing Order of Business. Unless otherwise |
11 |
| determined by the
Presiding Officer, the standing daily order |
12 |
| of business of the House
is as follows:
|
13 |
| (1) Call to Order, Invocation, Pledge of Allegiance, |
14 |
| and
Roll Call.
|
15 |
| (2) Approval of the Journal.
|
16 |
| (3) Reading of House Bills a first time.
|
17 |
| (4) Reports from committees, with reports from the |
18 |
| Rules
Committee ordinarily made at any time.
|
19 |
| (5) Presentation of Resolutions, Petitions, and |
20 |
| Messages.
|
21 |
| (6) Introduction of House Bills.
|
22 |
| (7) Messages from the Senate, not including reading
|
23 |
| Senate Bills a first time.
|
24 |
| (8) Reading of House Bills a second time.
|
25 |
| (9) Reading of House Bills a third time.
|
26 |
| (10) Reading of Senate Bills a third time.
|
27 |
| (11) Reading of Senate Bills a second time.
|
28 |
| (12) Reading of Senate Bills a first time.
|
29 |
| (13) House Bills on the Order of Concurrence.
|
30 |
| (14) Senate Bills on the Order of Non-Concurrence.
|
31 |
| (15) Conference Committee Reports.
|
32 |
| (16) Motions in Writing.
|
33 |
| (17) Constitutional Amendment Resolutions.
|
34 |
| (18) Motions with respect to Vetoes.
|
35 |
| (19) Consideration of Resolutions.
|
|
|
|
HR0022 |
- 32 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| (20) Motions to Discharge Committee.
|
2 |
| (21) Motions to Take from the Table.
|
3 |
| (22) Motions to Suspend the Rules.
|
4 |
| (23) Consideration of Bills on the Order of Postponed
|
5 |
| Consideration.
|
6 |
| (House Rule 32)
|
7 |
| 32. Quorum.
|
8 |
| (a) A majority of those elected constitutes a
quorum of the |
9 |
| House, and a majority of those appointed
constitutes a quorum |
10 |
| of a committee, but a smaller number may
adjourn from day to |
11 |
| day, or recess for less than one day, and
compel the attendance |
12 |
| of absent members. The attendance of
absent members may also be |
13 |
| compelled by order of the Speaker.
|
14 |
| (b) The question of the presence of a quorum in any
|
15 |
| committee may not be raised on consideration of a legislative
|
16 |
| measure by the House unless the same question was previously
|
17 |
| raised before the committee with respect to that legislative
|
18 |
| measure.
|
19 |
| (c) Any member not answering the quorum roll call of the |
20 |
| House on any session day who is in attendance and wishes to be |
21 |
| added to that quorum roll call must file a request to be shown |
22 |
| present on the quorum roll call with the Clerk. The request |
23 |
| must be in writing and filed in person by the member on the |
24 |
| same calendar day the quorum roll call was taken.
|
25 |
| (House Rule 33)
|
26 |
| 33. Approval of the Journal. The Speaker or his or her
|
27 |
| designee shall periodically examine and report to the House
any |
28 |
| corrections he or she deems should be made in the Journal
|
29 |
| before it is approved. If those corrections are approved by
the |
30 |
| House, they shall be made by the Clerk.
|
31 |
| (House Rule 34)
|
32 |
| 34. Executive Sessions. The sessions of the House
shall be |
33 |
| open to the public. Sessions and committee meetings
of the |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| House may be closed to the public if two-thirds of the
members |
2 |
| elected determine, by a record vote, that the public interest |
3 |
| so
requires.
|
4 |
| (House Rule 35)
|
5 |
| 35. Length of Adjournment. The House,
without the consent |
6 |
| of the Senate, shall not adjourn for more than 3 days
or to a |
7 |
| place other than where the 2 chambers of
the General Assembly |
8 |
| are sitting. The House is in
session on any day in which it |
9 |
| convenes in perfunctory
session, regular session, veto |
10 |
| session, or special session.
|
11 |
| (House Rule 36)
|
12 |
| 36. Transcript of the House. Nothing contained
in the |
13 |
| official transcript of the House shall be changed or
expunged |
14 |
| except by written request of a Representative to the
Clerk and |
15 |
| Speaker, and that request may be approved only by the
record |
16 |
| vote of 71 members elected.
|
17 |
| ARTICLE IV
|
18 |
| BILLS AND AMENDMENTS
|
19 |
| (House Rule 37)
|
20 |
| 37. Bills.
|
21 |
| (a) A bill may be introduced in the House by sponsorship
of |
22 |
| one or more members of the House, whose names shall be on
the |
23 |
| reproduced copies of the bills, in the House Journal, and in
|
24 |
| the Legislative Digest. The Principal Sponsor shall be the
|
25 |
| first name to appear on the bill and may be joined by no more
|
26 |
| than 4 chief co-sponsors with the approval of the Principal
|
27 |
| Sponsor; other co-sponsors shall be separated from the
|
28 |
| Principal Sponsor and any chief co-sponsors by a comma.
The |
29 |
| Principal Sponsor may change the
sponsorship of a bill to that |
30 |
| of one or more other
Representatives, with his, her, or their |
31 |
| consent, or
to that of the standing committee or special |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| committee to which the bill was
referred or from which the bill |
2 |
| was reported. Such change
may be made at any time the bill is |
3 |
| pending before the House
or any of its committees by filing a |
4 |
| notice with the Clerk.
This subsection may not be suspended.
|
5 |
| (b) The Principal Sponsor of a bill controls that
bill. A |
6 |
| standing committee-sponsored bill is controlled by the
|
7 |
| Chairperson of the committee, who for purposes of these
Rules |
8 |
| is deemed the Principal Sponsor. A special committee-sponsored |
9 |
| bill is
controlled by the Chairperson, or if Co-Chairpersons |
10 |
| have been appointed, by
the Co-Chairperson from the majority |
11 |
| caucus, who for purposes of
these Rules is deemed the Principal |
12 |
| Sponsor. Committee-sponsored bills may not
have individual |
13 |
| co-sponsors.
|
14 |
| (c) The Senate sponsor of a bill originating in the
Senate |
15 |
| may request substitute House sponsorship of that bill
by filing |
16 |
| a notice with the Clerk; such a notice is
automatically |
17 |
| referred to the Rules Committee and deemed
adopted if approved |
18 |
| by the Rules Committee. If disapproved
by the Rules Committee, |
19 |
| the notice shall lie on the table.
If the Rules Committee fails |
20 |
| to act on a notice,
that notice may be discharged by unanimous |
21 |
| consent.
|
22 |
| (d) All bills introduced in the House shall be read by
|
23 |
| title a first time, ordered reproduced, and automatically
|
24 |
| referred to the Rules Committee in accordance with Rule 18.
|
25 |
| When a Senate Bill is received, it shall be read by title,
|
26 |
| ordered reproduced, and placed on the order of Senate Bills on
|
27 |
| first reading; after being read a first time, it is
|
28 |
| automatically referred to the Rules Committee in
accordance |
29 |
| with Rule 18.
|
30 |
| (e) All bills introduced into the House shall be
|
31 |
| accompanied by 9 copies. Any bill that amends a statute
shall |
32 |
| indicate the particular changes in the following
manner:
|
33 |
| (1) All new matter shall be underscored.
|
34 |
| (2) All matter that is to be omitted or superseded
|
35 |
| shall be shown crossed with a line.
|
36 |
| (f) No bill shall be passed by the House except on a
record |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| vote of a majority of those elected, subject to Rule 69. A bill |
2 |
| that
has
lost on third reading or upon a motion for the |
3 |
| adoption of a conference committee report or a second |
4 |
| conference committee report and has not been reconsidered may |
5 |
| not thereafter be
revived.
|
6 |
| (House Rule 38)
|
7 |
| 38. Reading and Reproduction of Bills. Every bill shall be
|
8 |
| read by title on 3 different days before passage by the
House, |
9 |
| and the bill and all amendments adopted to it shall
be |
10 |
| reproduced, under Rule 39, before the vote is taken on its |
11 |
| final passage.
|
12 |
| (House Rule 39)
|
13 |
| 39. Reproduction and Distribution. The Clerk shall, as
soon |
14 |
| as any bill is reproduced, cause the bill to be
placed upon the |
15 |
| desks of the members. Reproduction and distribution
may be done |
16 |
| electronically, or the Clerk may establish
a method that any
|
17 |
| member may use to secure a copy of
any bill.
|
18 |
| (House Rule 40)
|
19 |
| 40. Amendments.
|
20 |
| (a) An amendment to a bill may be adopted by a
standing |
21 |
| committee or special committee when the bill is before that |
22 |
| committee.
An amendment to a bill may be adopted
by the House |
23 |
| when a bill is on the order of Second Reading
if: (i) the Rules |
24 |
| Committee has referred the floor amendment to the
House for |
25 |
| consideration under Rule 18; or (ii) a standing committee or |
26 |
| special
committee has referred the floor amendment to the |
27 |
| House. All
amendments must be in
writing.
All committee |
28 |
| amendments that have been timely filed, as determined by the
|
29 |
| Chairperson, shall be considered by the committee or a |
30 |
| subcommittee of that
committee prior to consideration by the |
31 |
| committee of the bill to which the
amendment relates.
All |
32 |
| amendments not adopted to a bill and that are still pending in |
33 |
| a committee or before the House upon the
passage or defeat of a |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| bill on Third Reading are automatically
tabled.
|
2 |
| (b) Except as otherwise provided in these Rules,
committee |
3 |
| amendments may be offered only by the Principal Sponsor or a |
4 |
| member of the committee while the affected bill
is before that |
5 |
| committee, and shall be adopted by a majority
of those |
6 |
| appointed. Floor amendments may be offered only by
a |
7 |
| Representative while the bill is on the order of Second
|
8 |
| Reading, subject to Rule 18, and shall be adopted by a majority |
9 |
| vote of the
House. The sponsor of a committee or floor |
10 |
| amendment may change the sponsorship of the amendment to that |
11 |
| of another member, with that other member's consent. Such |
12 |
| change may be made at any time the amendment is pending before |
13 |
| the House or any of its committees by filing notice with the |
14 |
| Clerk. A committee amendment may be the subject of a motion
to |
15 |
| "do adopt" or "do not adopt".
A committee amendment may be |
16 |
| adopted only by a successful
motion to "do adopt".
The |
17 |
| Chairperson of a committee may refer any committee amendment to |
18 |
| a
subcommittee of that committee.
|
19 |
| (c) Committee amendments shall be filed with the
|
20 |
| Chairperson of the committee, and are in order only when
|
21 |
| sufficient copies have been filed to provide each member of
the |
22 |
| committee with a copy (which may be done in the same manner as |
23 |
| distribution
of bills under Rule 39) and 9 additional copies |
24 |
| for the
Chairperson.
Floor amendments
shall be filed with the |
25 |
| Clerk, and are in order only when 9 copies have
been filed.
|
26 |
| (d) The Clerk shall have reproduced all adopted committee
|
27 |
| amendments that come before the House.
The Clerk shall also |
28 |
| have reproduced all floor amendments referred to the House
by a |
29 |
| committee. No floor amendment may be adopted by the House
|
30 |
| unless it has been reproduced and placed on the members' desks |
31 |
| in the same
manner as for bills under Rule 39.
|
32 |
| (e) No floor amendment is in order unless
it has been first |
33 |
| referred to the House for consideration by the
Rules Committee |
34 |
| under Rule 18, or by a standing committee or special committee.
|
35 |
| (f) Amendments that propose to alter any existing law
shall |
36 |
| conform to the requirements of Rule 37(e).
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (g) If a committee reports a bill "do pass as
amended", the |
2 |
| committee amendments are deemed adopted by
the committee action |
3 |
| and shall be reproduced and placed on
the members' desks (which |
4 |
| may be done in the same manner as provided for bills
under Rule |
5 |
| 39) before the bill may be read a second time.
|
6 |
| (h) In the case of special committees with Co-Chairpersons |
7 |
| from different
political parties, the "Chairperson" for the |
8 |
| purposes of this Rule is the
Co-Chairperson from the majority |
9 |
| caucus.
|
10 |
| (House Rule 41)
|
11 |
| 41. Note Requests; Quick Takes
Fiscal and Other Notes .
|
12 |
| (a) The House shall comply with all Illinois
laws requiring |
13 |
| fiscal or other notes. The
notes shall be filed with the Clerk, |
14 |
| who shall affix each note with a
time stamp endorsing the date |
15 |
| and time received, and attached to
the original of the bill and |
16 |
| available for inspection by the members.
As soon as practical, |
17 |
| the Clerk shall provide a copy of the note to the
Legislative
|
18 |
| Reference Bureau, which shall provide an informative summary
of |
19 |
| the note in subsequent issues of the Legislative Digest.
|
20 |
| (b) No bill authorizing or directing the conveyance by
the |
21 |
| State of any particular interest in real estate to any
|
22 |
| individual or entity other than a governmental unit or agency
|
23 |
| may be voted upon in committee or upon Second Reading unless
a |
24 |
| certified appraisal of the value of the interest has been
|
25 |
| filed. The appraisal shall be filed with the clerk of the
|
26 |
| committee to which the bill is assigned, and shall be part of
|
27 |
| the permanent committee record, unless the bill is advanced
|
28 |
| without reference to committee, or discharged under
Rule 58, in |
29 |
| which event the appraisal shall be filed with the
Clerk of the |
30 |
| House.
|
31 |
| (c) No bill authorizing the State or a unit of local |
32 |
| government to
acquire property by eminent domain using |
33 |
| "quick-take" powers
under Section 7-103 of the Code of Civil |
34 |
| Procedure may be voted upon in committee or on Second Reading |
35 |
| unless the State or the
unit
of local government, as |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| applicable, has complied with all of the following
procedures:
|
2 |
| (1) The State or the unit of local government must |
3 |
| notify each
owner of an interest in the property, by |
4 |
| certified mail,
of the intention of the State or the unit |
5 |
| of local government to
request
approval of legislation by |
6 |
| the General Assembly
authorizing the State or the unit of |
7 |
| local government to acquire the
property by eminent domain |
8 |
| using "quick-take" powers
under Section 7-103 of the Code |
9 |
| of Civil Procedure.
|
10 |
| (2) The State or the unit of local government must |
11 |
| cause notice
of its intention to request authorization to |
12 |
| acquire the
property by eminent domain using "quick-take" |
13 |
| powers to
be published in a newspaper of general |
14 |
| circulation in the
territory sought to be acquired by the |
15 |
| State or the unit of local
government.
|
16 |
| (3) Following the notices required under paragraphs
|
17 |
| (1) and (2), the State or the unit of local government must |
18 |
| hold at
least one public hearing, at the place where the |
19 |
| unit of
local government normally holds its business |
20 |
| meetings (or, in the case
of property sought to be acquired |
21 |
| by the State: (i) at a location in the
county in which the |
22 |
| property sought to be acquired by the State is
located, or
|
23 |
| (ii) if the property is located in Cook County, at a |
24 |
| location in the township
in which
the property is located, |
25 |
| or (iii) if the property is located in 2 adjacent
counties |
26 |
| other than
Cook County or in 2 adjacent townships in Cook |
27 |
| County, at a location in the
county or in
the township in |
28 |
| Cook County in which the majority of the property is |
29 |
| located,
or (iv) if
the property is located in Cook County |
30 |
| and an adjacent county, at a location in
the other
county |
31 |
| or in the township in Cook County
in which the majority of |
32 |
| the property is located),
on
the question of the |
33 |
| acquisition
of the property by the State or the unit of |
34 |
| local government by eminent
domain using
"quick-take" |
35 |
| powers.
|
36 |
| (4) In the case of property sought to be acquired by a |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| unit of local
government, following the public hearing or |
2 |
| hearings held
under paragraph (3), the unit of local |
3 |
| government must
adopt, by recorded vote, a resolution to |
4 |
| request approval
of legislation by the General Assembly |
5 |
| authorizing the
unit of local government to acquire the |
6 |
| property by
eminent domain using "quick-take" powers under |
7 |
| Section
7-103 of the Code of Civil Procedure. The |
8 |
| resolution
must include a statement of the time period |
9 |
| within which
the unit of local government requests |
10 |
| authority to
exercise "quick-take" powers, which may not |
11 |
| exceed one
year.
|
12 |
| (5) Following the public hearing or hearings held
under |
13 |
| paragraph (3), the head of the appropriate State office, |
14 |
| department, or
agency or the chief elected official of the |
15 |
| unit of
local government, as applicable, must submit to the |
16 |
| Chairperson and Minority Spokesperson of the
House
|
17 |
| Executive Committee a sworn, notarized affidavit that
|
18 |
| contains, or has attached as an incorporated exhibit, all |
19 |
| of the following:
|
20 |
| (A) The legal description of the property.
|
21 |
| (B) The street address of the property.
|
22 |
| (C) The name of each State Senator and State
|
23 |
| Representative who represents the territory that is |
24 |
| the subject of the
proposed
taking.
|
25 |
| (D) The date or dates on which the State or the |
26 |
| unit of
local government contacted each such State |
27 |
| Senator
and State Representative concerning the |
28 |
| intention of the State or the
unit of
local government |
29 |
| to request approval of
legislation by the General |
30 |
| Assembly authorizing the State or the
unit of local |
31 |
| government to acquire the property by
eminent domain |
32 |
| using "quick-take" powers.
|
33 |
| (E) The current name, address, and telephone
|
34 |
| number of each owner of an interest in the property.
|
35 |
| (F) A summary of all negotiations between the State |
36 |
| or the
unit of local government and the owner or owners |
|
|
|
HR0022 |
- 40 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| of
the property concerning the sale of the property to
|
2 |
| the State or the unit of local government.
|
3 |
| (G) A statement of the date and location of
each |
4 |
| public hearing held under paragraph (3).
|
5 |
| (H) A statement of the public purpose for which
the |
6 |
| State or the unit of local government seeks to acquire |
7 |
| the
property.
|
8 |
| (I) The certification of the head of the
|
9 |
| appropriate State office, department, or agency or the |
10 |
| chief elected
official of the unit of local government, |
11 |
| as applicable, that (i) the property is located
within |
12 |
| the territory under the jurisdiction of the State or |
13 |
| the unit of
local government and (ii) the State or the |
14 |
| unit of local government
seeks
to acquire the property |
15 |
| for a public purpose.
|
16 |
| (J) A map of the area in which the property to
be |
17 |
| acquired is located, showing the location of the
|
18 |
| property.
|
19 |
| (K) Photographs of the property.
|
20 |
| (L) An appraisal of the property by a real
estate |
21 |
| appraiser who is certified or licensed under
the Real |
22 |
| Estate Appraiser Licensing Act of 2002.
|
23 |
| (M) In the case of property sought to be acquired |
24 |
| by a unit of local
government, a copy of the resolution |
25 |
| adopted by the
unit of local government under paragraph |
26 |
| (4).
|
27 |
| (N) Documentation of the public purpose for
which |
28 |
| the State or the unit of local government seeks to |
29 |
| acquire
the property.
|
30 |
| (O) A copy of each notice sent to an owner of
an |
31 |
| interest in the property under paragraph (1).
|
32 |
| A request for quick-take authority shall not be considered |
33 |
| by a House committee fewer than 30 days after the date of the |
34 |
| notice to each property owner as required by paragraph (1).
|
35 |
| Every affidavit submitted by the State or a unit of
local |
36 |
| government pursuant to this Rule 41(c), together with
all |
|
|
|
HR0022 |
- 41 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| documents and other items submitted with the affidavit,
must be |
2 |
| made available to any person upon request for
inspection and |
3 |
| copying.
|
4 |
| (House Rule 42)
|
5 |
| 42. Consent Calendar.
|
6 |
| (a) The Clerk shall include a Consent Calendar on the
daily |
7 |
| calendar and designate it as a separate calendar. The
Consent |
8 |
| Calendar shall contain 3 orders of business:
Consent Calendar - |
9 |
| Second Reading, Consent Calendar - Third
Reading, and Consent |
10 |
| Calendar - Resolutions. Within each
order of business, bills or |
11 |
| resolutions shall be listed in
separate groups according to the |
12 |
| number of required days each
has been on that order of business |
13 |
| on the Consent Calendar.
No more than 80 bills and resolutions |
14 |
| shall be listed in each
group. All bills or resolutions to |
15 |
| which amendments have
been adopted shall be so designated.
|
16 |
| (b) No debate is in order regarding any item on the
Consent |
17 |
| Calendar. The Presiding Officer, however, shall allow a
|
18 |
| reasonable time for questions from the floor and answers to
|
19 |
| those questions. No amendment from the floor is in order
|
20 |
| regarding any bill or resolution on the Consent Calendar.
|
21 |
| (c) A bill on the Consent Calendar shall stand for 2
|
22 |
| legislative days on the order of Consent Calendar - Second
|
23 |
| Reading, and for at least 2 legislative days on the order
of |
24 |
| Consent Calendar - Third Reading, before a vote on the
final |
25 |
| passage may be taken. Resolutions on the Consent
Calendar shall |
26 |
| stand for at least 4 legislative days
before a vote on adoption |
27 |
| may be taken. One record vote on
final passage shall be taken |
28 |
| on those bills called for final
passage. Immediately before a |
29 |
| vote on the bills on the
Consent Calendar, the Presiding |
30 |
| Officer shall call to the attention of
the members the fact |
31 |
| that the next legislative action will be
the vote on the |
32 |
| Consent Calendar.
|
33 |
| (d) A bill or resolution may be placed on the Consent
|
34 |
| Calendar by report of a standing committee upon a motion
|
35 |
| adopted by a unanimous vote of the members present. For
|
|
|
|
HR0022 |
- 42 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| purposes of this subsection (d), a unanimous vote on the
motion |
2 |
| is a vote with no member voting nay.
|
3 |
| (e) No bill regarding revenue or appropriations may be
|
4 |
| placed on the Consent Calendar. No resolution requiring more
|
5 |
| than 60 affirmative votes for adoption and no bill requiring
|
6 |
| more than 60 affirmative votes for passage by the House may
be |
7 |
| placed on the Consent Calendar.
|
8 |
| (f) The Speaker and the Minority Leader shall each
appoint |
9 |
| 3 members who may challenge the presence of any
bill or |
10 |
| resolution on the Consent Calendar. Before a vote
on final |
11 |
| passage of any item on the Consent Calendar, an
item shall be |
12 |
| removed from the Consent Calendar if
(i) 4 or more members,
|
13 |
| (ii) the Principal Sponsor of the bill or resolution, or
(iii) |
14 |
| one or more of the appointed challengers
file with the Clerk |
15 |
| written objections to the presence of the
bill or resolution on |
16 |
| the Consent Calendar. Any bill or
resolution so removed may not |
17 |
| be placed thereafter on the
Consent Calendar during that |
18 |
| session of the General Assembly,
unless the member or members |
19 |
| who objected to the presence of
the bill or resolution on the |
20 |
| Consent Calendar consent in
writing to restoration of the bill |
21 |
| or resolution on the
Consent Calendar.
|
22 |
| Any bill removed from the Consent Calendar shall stand on
|
23 |
| the order of Second Reading with short debate status, subject |
24 |
| to Rule 52, and
any resolution so removed shall stand on the |
25 |
| order of Resolutions with short
debate status, subject to Rule |
26 |
| 52.
|
27 |
| (House Rule 43)
|
28 |
| 43. Changing Order of Business.
|
29 |
| (a) Any order of business may be changed at any time by
the |
30 |
| Speaker or Presiding Officer.
|
31 |
| (b) Any order of business may be changed at any time
upon |
32 |
| the motion of any member, supported by 5 additional
members, if |
33 |
| the motion is adopted by an affirmative vote of
71 members |
34 |
| elected.
|
35 |
| (c) This Rule may be suspended only by the affirmative vote |
|
|
|
HR0022 |
- 43 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| of 71 members
elected.
|
2 |
| (House Rule 44)
|
3 |
| 44. Special Orders; Rules Committee.
|
4 |
| (a) A special order of business may be set by the Rules |
5 |
| Committee
or by the Speaker. The Principal Sponsor of a bill or |
6 |
| resolution must consent
to the placement of the bill or |
7 |
| resolution on a special order.
A special order shall fix the |
8 |
| day to which it applies and the
matters to be included. The |
9 |
| Speaker, or the Rules Committee by a vote of
a majority of the |
10 |
| members appointed, may establish time limits for
a special |
11 |
| order and may establish limitations on debate
during a special |
12 |
| order (notwithstanding Rule 52), in which event the allotted
|
13 |
| time
shall be fairly divided between proponents and opponents |
14 |
| of
the legislation to be considered. A special order of |
15 |
| business
takes the place of the standing order for such time as |
16 |
| may be necessary
for its completion. Only matters that may |
17 |
| otherwise properly be before
the House may be included in a |
18 |
| special order.
|
19 |
| (b) A special order shall appear on the Daily Calendar
for |
20 |
| 3 legislative days. This subsection (b) may be
suspended only |
21 |
| by the affirmative vote of 71 members elected.
|
22 |
| (c) A special order may be suspended, amended, or
modified |
23 |
| by motion adopted by an affirmative vote of 60
members. A |
24 |
| special order shall be suspended by a written
objection signed |
25 |
| by 3 members of the Rules Committee and
filed during the first |
26 |
| legislative day on which the special
order appears on the |
27 |
| calendar.
|
28 |
| ARTICLE V
|
29 |
| RESOLUTIONS AND CERTIFICATES OF RECOGNITION
|
30 |
| (House Rule 45)
|
31 |
| 45. Resolutions.
|
32 |
| (a) A resolution may be introduced in the House by
|
|
|
|
HR0022 |
- 44 - |
LRB094 03555 RCE 36711 r |
|
|
1 |
| sponsorship of one or more members of the House, and the
names |
2 |
| of all sponsors shall be included in the House Journal
and in |
3 |
| the Legislative Digest. Each resolution introduced
shall be |
4 |
| accompanied by 9 copies.
Consideration of resolutions shall be |
5 |
| governed by Rule 16 and Rule 66.
|
6 |
| (b) The Principal Sponsor of a resolution controls that |
7 |
| resolution. The Principal Sponsor of a resolution, or the |
8 |
| sponsor of an amendment to a resolution, may change the |
9 |
| sponsorship of the resolution or amendment, as applicable, to |
10 |
| that of another member, with that other member's consent. A |
11 |
| standing committee-sponsored resolution is controlled by the |
12 |
| Chairperson of the committee, who for purposes of these Rules |
13 |
| is deemed the Principal Sponsor. A special committee-sponsored |
14 |
| resolution is controlled by the Chairperson, or if |
15 |
| Co-Chairpersons have been appointed, by the Co-Chairperson |
16 |
| from the majority caucus, who for purposes of these Rules is |
17 |
| deemed the Principal Sponsor. Committee-sponsored resolutions |
18 |
| may not have individual co-sponsors.
|
19 |
| (c)
(b) Any resolution calling for the expenditure of State
|
20 |
| funds may be adopted only by a record vote of a majority of
|
21 |
| those elected.
|
22 |
| (House Rule 46)
|
23 |
| 46. State Constitutional Amendments. All resolutions
|
24 |
| introduced in the House proposing amendments to the Illinois
|
25 |
| Constitution shall be reproduced and distributed in the same |
26 |
| manner in which
bills are reproduced and distributed under Rule |
27 |
| 39. Every such resolution that
originated in
the Senate and is |
28 |
| presented to the House shall be ordered
reproduced and |
29 |
| distributed in like manner.
No such resolution shall pass |
30 |
| unless read in full in its final form on 3
different days. |
31 |
| Amendments are in
order only on First Reading and Second |
32 |
| Reading.
Final passage requires the affirmative vote of 71 |
33 |
| members elected. No
resolution proposing a change in the |
34 |
| Constitution of the State of Illinois may
be considered for |
35 |
| passage after the last day preceding the day marking the
|
|
|
|
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|
1 |
| beginning of the last 6 months before the general election |
2 |
| occurring during
the term of this General Assembly, and all |
3 |
| such resolutions still pending shall
be tabled at the end of |
4 |
| business on that day.
|
5 |
| (House Rule 47)
|
6 |
| 47. Federal Constitutional Amendments and
Constitutional |
7 |
| Conventions. |
8 |
| (a) The affirmative vote of 71 of the
members elected is |
9 |
| required to adopt any resolution:
|
10 |
| (1) requesting Congress to call a federal |
11 |
| constitutional
convention;
|
12 |
| (2) ratifying a proposed amendment to the Constitution
|
13 |
| of the United States; or
|
14 |
| (3) calling a State convention to ratify a proposed
|
15 |
| amendment to the Constitution of the United States.
|
16 |
| (b) This Rule may be suspended only by the affirmative vote |
17 |
| of 71 members elected.
|
18 |
| (House Rule 48)
|
19 |
| 48. Certificates of Recognition. Any member may
sponsor a |
20 |
| certificate of recognition to be signed by the
Speaker and |
21 |
| attested by the Clerk to recognize any person,
organization, or |
22 |
| event worthy of public commendation. The form
of the |
23 |
| Certificate of Recognition shall be determined by the
Clerk |
24 |
| with the approval of the Speaker.
|
25 |
| ARTICLE VI
|
26 |
| PARLIAMENTARY PRACTICE
|
27 |
| (House Rule 49)
|
28 |
| 49. Voting. The Presiding Officer shall put all questions
|
29 |
| distinctly, as follows: "All those in favor vote AYE,
and those |
30 |
| opposed vote NAY." No member may vote on any question before |
31 |
| the
House unless on the floor before the vote is announced. No |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| member of a
committee may vote except in person at the time of
|
2 |
| the call of the committee vote. Any vote of the
House shall be |
3 |
| by record vote whenever 5
Representatives shall so request or |
4 |
| whenever
the Presiding Officer shall so order.
|
5 |
| (House Rule 50)
|
6 |
| 50. Announcing a Record Vote. When a record vote is
|
7 |
| requested, the Presiding Officer shall put the question and
|
8 |
| then announce to the House: "The voting is open." While the
|
9 |
| vote is being taken, the Presiding Officer shall state:
"Have |
10 |
| all voted who wish?" The voting is closed when
the Presiding |
11 |
| Officer announces: "Take the Record." The
Presiding Officer, |
12 |
| unless an intervening motion to postpone
consideration by the |
13 |
| Principal Sponsor is made, shall then
announce the results of |
14 |
| the record vote. After
the record is taken, no member may vote, |
15 |
| change his
or her vote, or remove his or her vote as recorded.
|
16 |
| (House Rule 51)
|
17 |
| 51. Decorum.
|
18 |
| (a) When any member is about to speak
to the House, he or |
19 |
| she shall rise and address the
Presiding Officer as "Speaker". |
20 |
| The Presiding Officer,
upon recognizing the member, shall |
21 |
| address him or
her by name, and thereupon the engineer
in |
22 |
| charge of operating the microphones in the House shall give
the |
23 |
| use of the microphone to the member who has been
so recognized. |
24 |
| The member in speaking shall confine himself
or herself to the |
25 |
| subject matter under discussion and avoid
personalities.
|
26 |
| (b) Questions affecting the rights, reputation, and
|
27 |
| conduct of members of the House in their representative
|
28 |
| capacity are questions of personal privilege. A matter of
|
29 |
| personal explanation does not constitute a question of
personal |
30 |
| privilege.
|
31 |
| (c) If 2 or more members rise at once, the
Presiding |
32 |
| Officer shall name the member who is to
speak first.
|
33 |
| (d) No person shall give any signs of approbation or
|
34 |
| disapprobation while the House is in session.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (e) Recognition of guests by any member is prohibited,
|
2 |
| except that the Speaker or Presiding Officer may recognize an |
3 |
| honored guest.
|
4 |
| (f) While the Presiding Officer is putting a question,
no |
5 |
| member shall leave or walk across the House
Chamber. When a |
6 |
| member is addressing the House, no
member or other person |
7 |
| entitled to the floor shall
entertain private discourse or pass |
8 |
| between the member speaking and
the Presiding Officer.
|
9 |
| (g) In case of any disturbance or disorderly conduct, the
|
10 |
| Speaker or Presiding Officer may order that the lobby, gallery, |
11 |
| or hallways
adjoining the
House Chamber be cleared.
|
12 |
| (h) No literature may be distributed on the House floor.
|
13 |
| (i) No member may be absent from a session of the House
|
14 |
| unless he or she has leave or is sick or his or her absence is
|
15 |
| unavoidable. The switch to the electrical roll call
recording |
16 |
| equipment located on the desk of any member who has
been |
17 |
| excused or is absent shall be locked by the Clerk and
shall not |
18 |
| be unlocked until the member returns
and files with
the Clerk a
|
19 |
| request to be shown as present on the quorum roll
call as |
20 |
| provided in Rule 32(c) .
|
21 |
| (House Rule 52)
|
22 |
| 52. Debate.
|
23 |
| (a) All legislative measures,
except
those legislative |
24 |
| measures placed on the Consent Calendar under Rule 42,
are |
25 |
| subject to a debate status as follows:
|
26 |
| (1) Short Debate: Debate is limited to a 2-minute
|
27 |
| presentation by the Principal Sponsor or a member |
28 |
| designated by the
Principal Sponsor, a 2-minute |
29 |
| presentation by a member in response,
and one minute for |
30 |
| the Principal Sponsor to close debate, or yield to other
|
31 |
| members; provided that at the request of 7 members before |
32 |
| the close of debate,
the debate status shall be opened to |
33 |
| standard debate;
|
34 |
| (2) Standard Debate: Debate is limited to a
5-minute |
35 |
| presentation by the Principal Sponsor or a member |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| designated
by the Principal Sponsor, debate by each of 2 |
2 |
| additional
proponents of the legislative
measure and by 3 |
3 |
| members in response to the legislative measure,
and 3 |
4 |
| minutes for the Principal Sponsor to close debate, or yield |
5 |
| to other
members;
|
6 |
| (3) Extended Debate: Debate is limited to a
5-minute |
7 |
| presentation by the Principal Sponsor or a member |
8 |
| designated
by the Principal Sponsor, debate by each of 4 |
9 |
| proponents of the
legislative
measure and 5 members in |
10 |
| response, and 5 minutes for the
Principal Sponsor to close |
11 |
| debate, or yield to other members;
|
12 |
| (4) Unlimited Debate: Debate shall consist of a |
13 |
| 10-minute
presentation by the Principal Sponsor or a member |
14 |
| designated by the
Principal Sponsor, debate by each |
15 |
| proponent and member in
response
who seeks recognition, and |
16 |
| 5 minutes for the Principal Sponsor to
close debate, or |
17 |
| yield to other members; or
|
18 |
| (5) Amendment Debate: Debate on floor amendments
|
19 |
| referred to the House from a committee, or discharged from |
20 |
| a committee,
is limited to a 3-minute presentation by the |
21 |
| Principal Sponsor,
or a member designated by the Principal |
22 |
| Sponsor,
debate by one proponent, debate by each of 2
|
23 |
| members in response, and 3
minutes for the Principal |
24 |
| Sponsor to close debate, or yield to other members.
|
25 |
| No debate is in order on bills or resolutions on the order |
26 |
| of First Reading
or Second Reading, except for debate on floor |
27 |
| amendments as provided in this
Rule.
|
28 |
| (b) All legislative measures, except floor amendments, |
29 |
| referred to the House
from a committee, or discharged from a |
30 |
| committee, are
automatically
assigned standard debate status, |
31 |
| subject to subsection
(c) of
this Rule, except those assigned |
32 |
| to the Consent Calendar or short debate status
by a standing |
33 |
| committee or a special committee. All floor amendments referred
|
34 |
| to the House from a committee,
or discharged from a committee, |
35 |
| are automatically assigned amendment
debate
status, subject to |
36 |
| subsection (c) of this Rule.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (c) Notwithstanding any other provision of these Rules
to |
2 |
| the contrary, the debate status of any legislative measure may |
3 |
| be changed
only (i) by the Speaker, as defined in item (27) of |
4 |
| Rule 102, by filing a
notice with the Clerk, or (ii) by the |
5 |
| Rules Committee
by motion approved by a majority of those |
6 |
| appointed. While a legislative
measure is being considered by |
7 |
| the House, the debate status may also be
changed by unanimous |
8 |
| consent. No legislative measure, however, may be
placed on the |
9 |
| Consent Calendar under this Rule.
No legislative measure, |
10 |
| except a floor amendment, may be assigned amendment
debate |
11 |
| status under this Rule.
|
12 |
| (d) The Speaker or Rules Committee, as the case may be, |
13 |
| shall notify the
Clerk of any action
to change the debate |
14 |
| status of any legislative measure. The Clerk shall cause
that
|
15 |
| information to be reflected on the Daily Calendar on subsequent |
16 |
| legislative
days,
provided
the legislative measure is still |
17 |
| before the House.
|
18 |
| (e) No member shall speak longer than 5 minutes at one
time |
19 |
| or more than once on the same question except by leave
of the |
20 |
| House. The Principal Sponsor of a measure or a member
|
21 |
| designated by the Principal Sponsor, however, shall be
allowed |
22 |
| to open the debate and to close the debate
in accordance with |
23 |
| subsection (a) of this Rule. The provisions of this
subsection |
24 |
| (e)
are subject to and limited by subsections (a), (b), and (c) |
25 |
| of this Rule.
A member may yield to another member the time |
26 |
| allotted for the member's debate.
|
27 |
| (f) The Presiding Officer shall allocate the debate on each |
28 |
| legislative
measure alternately, if possible,
between |
29 |
| proponents and opponents of the legislative
measure
under |
30 |
| debate.
|
31 |
| (g) This Rule may not be suspended.
|
32 |
| (House Rule 53)
|
33 |
| 53. Written Statements.
|
34 |
| (a) Any member may submit a written statement regarding any |
35 |
| bill,
resolution, or floor amendment
considered by the House, |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| by submitting that statement to the Clerk within
one
|
2 |
| legislative day or 3 business days, whichever is shorter,
after |
3 |
| the
day on which the bill, resolution, or floor
amendment to |
4 |
| which the
comments
relate
was considered by the House. The |
5 |
| Clerk shall affix a
time
stamp to each statement indicating the |
6 |
| date on which the statement was
submitted.
Each
statement shall |
7 |
| indicate the member or members on whose behalf the
statement is |
8 |
| submitted, the bill, resolution, or floor amendment to which it
|
9 |
| applies, the names of any other members mentioned in the |
10 |
| statement, and the
person who actually submits the statement to |
11 |
| the Clerk. Each member on whose
behalf a statement is submitted |
12 |
| is under an obligation to ensure that all
required information, |
13 |
| specifically including the names of any other members
mentioned |
14 |
| in the statement, is indicated at the time a statement is
|
15 |
| submitted. Each statement shall
comply with standards as may be |
16 |
| established by
the Clerk with the approval of the Speaker. The |
17 |
| standards established by the
Clerk, however, shall not relate |
18 |
| to the contents of the written statement.
The Clerk shall
|
19 |
| maintain
statements that comply with this Rule and established |
20 |
| standards in files for
each bill and resolution.
A statement is |
21 |
| not considered filed until the Clerk has determined that it
|
22 |
| complies with this Rule and established standards. The Clerk |
23 |
| shall notify the
member or members on whose behalf a statement |
24 |
| was submitted if the statement is
determined not to comply. |
25 |
| Statements filed under this Rule shall be considered
part of |
26 |
| the transcript and made available to the public.
|
27 |
| (b) If a statement mentions another member, the statement |
28 |
| shall not be
considered filed until the member mentioned has an |
29 |
| opportunity to respond as a
matter of personal privilege. The |
30 |
| Clerk shall notify each member who is
identified at the time a |
31 |
| statement is submitted as being
mentioned in the statement. The |
32 |
| member identified as mentioned in the
statement shall have one |
33 |
| legislative day or 3 business days, whichever is
shorter,
after |
34 |
| notification by the Clerk in which to file a written response |
35 |
| to the
statement. The original statement and any responsive |
36 |
| statement shall both be
considered filed at the close of |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| business on the final day on which a response
may be filed. If, |
2 |
| however, a statement is submitted mentioning another member
and
|
3 |
| the
name of the member mentioned is not indicated to the Clerk |
4 |
| at the time of
submission, the statement shall be stricken at |
5 |
| the request of the member
mentioned in the statement. The Clerk |
6 |
| shall notify each member on whose behalf
the statement was |
7 |
| submitted that the
statement has been stricken from the record.
|
8 |
| (c) This Rule may be suspended only by the affirmative vote |
9 |
| of
71 members
elected.
|
10 |
| (House Rule 54)
|
11 |
| 54. Motions.
|
12 |
| (a) The following are general rules for all motions:
|
13 |
| (1) Every motion, except to adjourn, recess, or |
14 |
| postpone
consideration, shall be reduced to writing if |
15 |
| ordered by the
Presiding Officer. Unless otherwise
|
16 |
| provided in these Rules, no second is
required to any |
17 |
| motion presented to the House, or in
any committee. The |
18 |
| Presiding Officer may refer any
motion to the Rules |
19 |
| Committee.
|
20 |
| (2) Before the House debates a motion, the Presiding
|
21 |
| Officer shall state an oral motion and the Clerk
shall read |
22 |
| aloud a written motion.
Each motion, unless otherwise |
23 |
| provided in these Rules, is assigned standard
debate |
24 |
| status, subject to Rule 52.
|
25 |
| (3) After a motion is stated by the Presiding Officer |
26 |
| or
read by the Clerk, it is deemed in the
possession of the |
27 |
| House, but may be withdrawn at any
time before decision |
28 |
| with consent of a majority of the members elected.
|
29 |
| (4) If a motion is divisible, any member may call for a
|
30 |
| division of the question.
|
31 |
| (5) Any question taken under consideration may be
|
32 |
| withdrawn, postponed, or tabled by unanimous consent
or, if |
33 |
| unanimous consent is denied, by a motion
adopted by a |
34 |
| majority of the members elected.
|
35 |
| (b) The Rule may be suspended only by the affirmative vote |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| of 71 members
elected.
|
2 |
| (House Rule 55)
|
3 |
| 55. Precedence of Motions.
|
4 |
| (a) When a question is under debate, no motion may be
|
5 |
| entertained except:
|
6 |
| (1) to adjourn to a time certain;
|
7 |
| (2) to adjourn;
|
8 |
| (3) to question the presence of a quorum;
|
9 |
| (4) to recess;
|
10 |
| (5) to lay on the table;
|
11 |
| (6) for the previous question;
|
12 |
| (7) to postpone consideration;
|
13 |
| (8) to commit or recommit; or
|
14 |
| (9) to amend, except as otherwise provided in these
|
15 |
| Rules.
|
16 |
| The foregoing motions have precedence in the order in
which |
17 |
| they are listed.
|
18 |
| (b) During a record vote, no motion (except a motion to
|
19 |
| postpone consideration) is in order until after the
|
20 |
| announcement of the result of the vote.
|
21 |
| (c) A motion to commit or re-commit, until it is
decided, |
22 |
| precludes all amendments and debate on the main
question. A |
23 |
| motion to postpone consideration, until it is
decided, |
24 |
| precludes all amendments and debate on the main question.
|
25 |
| (House Rule 56)
|
26 |
| 56. Verification.
|
27 |
| (a) After any record vote, except for a vote that
requires |
28 |
| a specific number of affirmative votes and that has
not |
29 |
| received the required votes, and before intervening
business, |
30 |
| it is in order for any member to
request verification of the |
31 |
| results of the record vote , except that (i) a member voting in |
32 |
| the affirmative may not request verification of the affirmative |
33 |
| votes and (ii) a member voting in the negative may not request |
34 |
| a verification of the negative votes .
|
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (b) In verifying a record vote, the Presiding Officer
shall |
2 |
| instruct the Clerk to call the names of those
members whose |
3 |
| votes are to be verified. The
member requesting the |
4 |
| verification may thereafter
identify those members he or she |
5 |
| wishes to verify. If a
member does not answer, his or her vote |
6 |
| shall be stricken;
the member's vote shall be restored to the |
7 |
| roll, however, if
his or her presence is recognized before the |
8 |
| Presiding Officer announces the
final result of the |
9 |
| verification. The Presiding Officer shall determine the
|
10 |
| presence or absence of each member whose name is called, and
|
11 |
| shall then announce the results of the verification.
|
12 |
| (c) While the results of any record vote are being
|
13 |
| verified, it is in order for any member to
announce his or her |
14 |
| presence on the floor and thereby have
his or her vote |
15 |
| verified.
|
16 |
| (d) A request for a verification of the affirmative and
|
17 |
| negative results of a record vote may be made only once on
each |
18 |
| record vote.
|
19 |
| (House Rule 57)
|
20 |
| 57. Appealing a Ruling.
|
21 |
| (a) If any appeal is taken from a ruling of the
Presiding |
22 |
| Officer, the Presiding Officer shall be sustained
unless 71 of |
23 |
| the members elected vote to overrule the
Presiding Officer. |
24 |
| Notwithstanding Rule 52, debate on a motion to appeal is
|
25 |
| limited to a 2-minute presentation by the Principal Sponsor or |
26 |
| a member
designated by the Principal Sponsor, a 2-minute |
27 |
| presentation by a member in
response, and one-minute for the |
28 |
| Principal Sponsor to close debate, or yield to
other members. A |
29 |
| motion to appeal is not in order
if the House has conducted |
30 |
| intervening business
since the ruling at issue was made.
|
31 |
| (b) If any appeal is taken from a ruling of a committee
|
32 |
| Chairperson, the Chairperson shall be sustained unless
|
33 |
| three-fifths of those appointed vote to overrule the
|
34 |
| Chairperson. A motion to appeal is not
in order if the |
35 |
| committee has adjourned or recessed, or if
intervening business |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| has occurred. In the case of special committees with
|
2 |
| Co-Chairpersons from different political parties, the |
3 |
| "Chairperson" for
purposes of this Rule is the Co-Chairperson |
4 |
| from the majority caucus.
|
5 |
| (c) In an appeal of a ruling of the Presiding Officer or
|
6 |
| Chairperson, the question is: "Shall the ruling of the Chair
be |
7 |
| sustained?"
|
8 |
| (d) This Rule may be suspended only by the affirmative vote |
9 |
| of 71
members elected.
|
10 |
| (House Rule 58)
|
11 |
| 58. Discharge of Committee.
|
12 |
| (a) Any member may move that a standing committee or a
|
13 |
| special committee be discharged from consideration of any
|
14 |
| legislative measure assigned to it and not reported back |
15 |
| unfavorably.
|
16 |
| (b) The motion must be in writing and shall be carried
on |
17 |
| the Daily Calendar for the next legislative day under the
order |
18 |
| of "Motions". No action shall be taken on the motion
until it |
19 |
| is on the calendar.
|
20 |
| (c) If the motion receives an affirmative vote of 60
|
21 |
| members, the legislative measure subject to the motion
shall be |
22 |
| referred to the House and placed on the appropriate
order of |
23 |
| business.
|
24 |
| (d) This Rule may be suspended only by the affirmative vote |
25 |
| of 71 members
elected.
|
26 |
| (House Rule 59)
|
27 |
| 59. Previous Question.
|
28 |
| (a) A motion for the previous question may be made at
any |
29 |
| time. A motion for the previous question is not
debatable and |
30 |
| requires the affirmative vote of 60 members
elected.
|
31 |
| (b) The previous question shall be stated in the
following |
32 |
| form: "Shall the main question be put?"
Until the previous |
33 |
| question is decided, all amendments and
debate are precluded. |
34 |
| When it is decided that the main
question shall not be put, the |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| main question
remains under debate.
|
2 |
| (c) The effect of the main question being ordered is
to put |
3 |
| an end to all debate and bring the House to a
direct vote on the |
4 |
| immediately pending motion. After a
motion for the previous |
5 |
| question has been approved, unless
the vote on that motion |
6 |
| suggests the absence of a quorum, it
is not in order to move |
7 |
| for adjournment or to make any
other motion before a decision |
8 |
| on the main question.
|
9 |
| (d) This Rule may be suspended only by the affirmative vote |
10 |
| of 71
members elected.
|
11 |
| (House Rule 60)
|
12 |
| 60. Tabling.
|
13 |
| (a) Except as otherwise provided in subsections (d) and |
14 |
| (e),
a motion to lay on the table applies only to the |
15 |
| particular
proposition and is neither debatable nor amendable.
|
16 |
| (b) A motion to table a bill or resolution shall
identify |
17 |
| the bill or resolution by number. The Principal Sponsor of a |
18 |
| bill or
resolution may, with leave of the House,
table that |
19 |
| bill or resolution at any time. A motion to
table a committee |
20 |
| bill that is before the House may be
adopted only by the |
21 |
| affirmative vote of a majority of those elected.
|
22 |
| (c) The Principal Sponsor of a bill or resolution before
a |
23 |
| committee may, with leave of the committee, table the bill
or |
24 |
| resolution. Upon tabling, the Chairperson of the
committee |
25 |
| shall return the bill or resolution to the Clerk,
noting |
26 |
| thereon that it has been tabled.
|
27 |
| (d) Motions to table floor amendments are
debatable and may |
28 |
| be adopted by the affirmative vote of a majority of those
|
29 |
| elected.
|
30 |
| (e) No motion to table a committee amendment to a bill or |
31 |
| resolution before the House is in order unless it has been
|
32 |
| first referred to the House for consideration by the Rules |
33 |
| Committee under Rule
18, or by a standing or special committee. |
34 |
| Motions to table committee
amendments are debatable and may be |
35 |
| adopted by the affirmative vote of a
majority of the members
|
|
|
|
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|
1 |
| those elected to the House or appointed to the committee, as |
2 |
| applicable .
|
3 |
| (House Rule 61)
|
4 |
| 61. Motion to Take from Table.
|
5 |
| (a) A motion to take from the table requires the |
6 |
| affirmative vote of a
majority of those elected if the Rules |
7 |
| Committee has
previously recommended that action by written |
8 |
| notice
filed with the Clerk; otherwise, a motion to take from |
9 |
| the
table requires the affirmative vote of 71 members elected.
|
10 |
| (b) A bill taken from the table shall , as applicable, (i) |
11 |
| be placed on the
Daily Calendar on the order on which it |
12 |
| appeared before it
was tabled or (ii) be returned to the |
13 |
| committee to which it was assigned before it was tabled .
|
14 |
| (c) This Rule may be suspended only by the affirmative vote |
15 |
| of 71
members elected.
|
16 |
| (House Rule 62)
|
17 |
| 62. Motion to Postpone Consideration. A motion to
postpone |
18 |
| consideration on a bill or resolution may not be
made more than |
19 |
| once on the same bill or resolution. Unless
otherwise provided |
20 |
| by these Rules, a motion to postpone
consideration shall be |
21 |
| granted as a matter of privilege;
no motion to postpone |
22 |
| consideration is in
order, however, if the bill or resolution |
23 |
| initially
received a vote of fewer than 47 of the members |
24 |
| elected.
|
25 |
| (House Rule 63)
|
26 |
| 63. Motion on Different Subject. No motion or other
|
27 |
| legislative measure on a subject different from that under
|
28 |
| consideration shall be admitted under color of amendment.
|
29 |
| (House Rule 64)
|
30 |
| 64. Division of Question. If the question in debate
|
31 |
| contains several points, any member may have the question
|
32 |
| divided. On a motion to strike out and insert, it is not
in |
|
|
|
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|
1 |
| order to move for a division of the question. The
rejection of |
2 |
| a motion to strike out and insert one
proposition does not |
3 |
| prevent a motion to strike out and
insert a different |
4 |
| proposition.
|
5 |
| (House Rule 65)
|
6 |
| 65. Reconsideration.
|
7 |
| (a) A member who voted on the prevailing side of a
record |
8 |
| vote on a legislative measure still within the control
of the |
9 |
| House may on the same or the following legislative day
move to |
10 |
| reconsider the vote. The motion to reconsider may be
laid on |
11 |
| the table without affecting the vote to which it
refers. When |
12 |
| the motion to reconsider is made during the
last 3 days of |
13 |
| April or any time thereafter during the
regular session, or at |
14 |
| any time during a veto or special
session, any member may move |
15 |
| that the vote on reconsideration
be taken immediately. A |
16 |
| question that requires the affirmative vote of
a majority of |
17 |
| those elected or more to carry requires a
majority of those |
18 |
| elected to reconsider.
|
19 |
| (b) A motion to reconsider a record vote on the adoption
of |
20 |
| an amendment to a bill may be made only on Second Reading.
|
21 |
| (c) If a motion to reconsider is made under this
Rule and |
22 |
| the motion is later tabled, the question shall not
be further |
23 |
| reconsidered. This subsection (c) may be suspended only by the
|
24 |
| affirmative vote of 71 members elected.
|
25 |
| (d) When a motion to reconsider is made within the
time |
26 |
| prescribed by these Rules, the Clerk shall not
allow the bill |
27 |
| or other subject matter of the motion to pass
out of the |
28 |
| possession of the House until after the motion has
been decided |
29 |
| or withdrawn. Such a motion shall be deemed
rejected if laid on |
30 |
| the table.
|
31 |
| (e) A Representative who voted "present" or failed to
vote |
32 |
| on a question does not have the right to move for
|
33 |
| reconsideration.
|
34 |
| (f) Upon a motion to reconsider the vote on the final
|
35 |
| passage of any bill, the affirmative vote of a majority of
|
|
|
|
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|
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| those elected is required to reconsider.
|
2 |
| (House Rule 66)
|
3 |
| 66. Motion to Adjourn.
|
4 |
| (a) A motion to adjourn is in order at any time, except
|
5 |
| when a prior motion to adjourn has been defeated and no
|
6 |
| intervening business has transpired.
|
7 |
| (b) A motion to adjourn is neither debatable nor
amendable.
|
8 |
| (c) The Clerk shall enter in the Journal the hour at
which |
9 |
| every motion to adjourn is made.
|
10 |
| (d) Unless the Presiding Officer otherwise orders, the
|
11 |
| standing hour to which the House adjourns is 12:00 noon, except |
12 |
| on the last day
of a week in which the House convenes in |
13 |
| regular, veto, or special session, in
which case the standing |
14 |
| hour to which the House adjourns is 12:30
p.m.
|
15 |
| (e) A motion to adjourn for more than 3 days is not
in |
16 |
| order unless both chambers of the General Assembly have
adopted |
17 |
| a joint resolution permitting that adjournment.
|
18 |
| Notwithstanding any other provision of these Rules,
a |
19 |
| resolution filed under this Rule may be referred to the
Rules |
20 |
| Committee by the Presiding Officer or may be immediately |
21 |
| considered
and adopted by the House.
|
22 |
| (House Rule 67)
|
23 |
| 67. Adoption and Amendment to or Suspension of Rules.
|
24 |
| (a) Adoption of Rules. At the commencement of a term,
the |
25 |
| House shall adopt new rules of organization and procedure
by |
26 |
| resolution setting forth those rules in their entirety. The
|
27 |
| resolution must be adopted by the affirmative vote of a |
28 |
| majority of those
elected.
These Rules of the House of |
29 |
| Representatives
are subject to revision or amendment
only in |
30 |
| accordance with this Rule.
|
31 |
| (b) Rules may be amended only by resolution. Any
resolution |
32 |
| to amend these Rules shall show the proposed changes in the
|
33 |
| existing rules by underscoring all new matter and by crossing
|
34 |
| out with a line all matter that is to be omitted or
superseded.
|
|
|
|
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LRB094 03555 RCE 36711 r |
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|
1 |
| (c) Any resolution proposing to amend a House Rule or
any |
2 |
| Joint House-Senate Rule, upon initial reading by
the Clerk, is |
3 |
| automatically referred to the Rules Committee.
Resolutions to |
4 |
| amend the House Rules or any Joint
House-Senate Rules may be |
5 |
| initiated and sponsored by the
Rules Committee and may be |
6 |
| amended by the Rules Committee ; those resolutions shall not be |
7 |
| referred to a
committee and may be immediately considered and |
8 |
| adopted by the House.
Those resolutions shall be assigned |
9 |
| standard debate status,
subject to Rule 52.
|
10 |
| (d) A resolution to amend the House Rules or any Joint
|
11 |
| House-Senate Rules that has been reported "do adopt" or "do
|
12 |
| adopt as amended" by a majority of those appointed to the
Rules |
13 |
| Committee requires the affirmative vote of a
majority of those |
14 |
| elected for adoption by the House. Any
other resolution |
15 |
| proposing to amend the House Rules or any
Joint House-Senate |
16 |
| Rules requires the affirmative vote
of 71 of the members |
17 |
| elected for adoption by the House.
|
18 |
| (e) No House Rule or any Joint House-Senate Rule may be
|
19 |
| suspended except by unanimous consent of the members
present or |
20 |
| upon a motion supported by affirmative vote of a
majority of |
21 |
| those elected unless a higher number is required
in the Rule |
22 |
| sought to be suspended. A committee may not
suspend any Rule.
|
23 |
| (f) This Rule may be suspended only by the affirmative vote |
24 |
| of 71 members
elected.
|
25 |
| (House Rule 68)
|
26 |
| 68. Motion to Commit or Recommit. No motion to commit
or |
27 |
| recommit a legislative measure to committee, being decided
in |
28 |
| the negative, shall again be allowed on the same day, or
at the |
29 |
| same stage of the legislative measure.
|
30 |
| (House Rule 69)
|
31 |
| 69. Effective Date.
|
32 |
| (a) A bill passed after May 31 of a calendar year shall
not |
33 |
| become effective prior to June 1 of the next calendar
year |
34 |
| unless an earlier effective date is specified in the
bill and |
|
|
|
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|
1 |
| it is approved by the affirmative vote of 71 members
elected.
|
2 |
| (b) If a majority of those elected, but fewer than 71,
vote |
3 |
| affirmatively for a bill on Third
Reading after May 31 and the |
4 |
| bill specifies an effective
date earlier than the following |
5 |
| June 1, the bill has not
passed, but the Principal Sponsor has |
6 |
| the
right to have the bill automatically reconsidered and
|
7 |
| returned to the order of Second Reading for an amendment to
|
8 |
| remove the earlier effective date. The amendment, if offered
|
9 |
| and referred to the House by
a committee, shall be reproduced
|
10 |
| and placed on the desks of the members, in the same manner as |
11 |
| provided for
bills under Rule 39,
before the bill is
taken up |
12 |
| again on the order of Third Reading.
|
13 |
| (House Rule 70)
|
14 |
| 70. Home Rule. No bill denies or limits any power or
|
15 |
| function of a home rule unit under paragraph (g),
(h), (i), |
16 |
| (j), or (k) of Sec. 6 of Article VII of the
Constitution unless |
17 |
| there is specific language limiting or
denying the power or |
18 |
| function and the language specifically
sets forth in what |
19 |
| manner and to what extent it is a denial
or limitation of the |
20 |
| power or function of a home rule unit.
If a majority of those |
21 |
| elected, but fewer than 71,
vote affirmatively for a bill on |
22 |
| Third
Reading that requires the affirmative vote of 71 members |
23 |
| elected to
deny or limit a power of a home rule unit, the bill |
24 |
| has not
passed, but the Principal Sponsor has the
right to have |
25 |
| the bill automatically reconsidered and
returned to the order |
26 |
| of Second Reading for an amendment to
remove those effects of |
27 |
| the bill.
The amendment, if referred to the House by a
|
28 |
| committee, shall be reproduced and placed on the desks
of the |
29 |
| members, in the same manner as provided for bills under Rule |
30 |
| 39,
before
the bill is taken up again on the order of Third |
31 |
| Reading.
|
32 |
| ARTICLE VII
|
33 |
| (RESERVED)
CONFLICTS OF INTEREST
|
|
|
|
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|
1 |
| (House Rule 71)
|
2 |
| 71. (Blank.)
Conflicts of Interest.
|
3 |
| (a) A Committee on Conflicts of Interest
is created. It |
4 |
| shall consist of 4 members appointed by the Speaker and
4 |
5 |
| members appointed by the Minority Leader. The Speaker shall
|
6 |
| designate one of the members as Chairperson.
The Minority |
7 |
| Leader shall designate one of the minority caucus members as
|
8 |
| Minority Spokesperson.
The Committee shall not have a |
9 |
| Vice-Chairperson.
|
10 |
| (b) The Committee shall study the problems of conflicts of |
11 |
| interest
in relation to the responsibilities of legislators and |
12 |
| the laws relating
thereto,
including the Illinois Governmental |
13 |
| Ethics Act. The Committee shall develop
guidelines for the |
14 |
| conduct of members in regard to conflicts of interest,
|
15 |
| including
procedures for appropriate disclosure of the |
16 |
| existence of conflicts. The
Committee
shall also recommend |
17 |
| changes in the law determined to be desirable to
assure
members |
18 |
| appropriate guidance in their conduct.
Any report of the |
19 |
| Committee shall be filed with the Clerk, who shall reproduce
|
20 |
| the report and distribute it to each member, in the same manner |
21 |
| as provided for
bills under Rule 39.
|
22 |
| ARTICLE VIII
|
23 |
| JOINT ACTION
|
24 |
| (House Rule 72)
|
25 |
| 72. Concurring in or Receding from Amendments.
|
26 |
| (a) If a bill or resolution is received back in the
House |
27 |
| with one or more amendments added by the Senate, it is in
order |
28 |
| for the Principal Sponsor to present a motion "to
concur" or |
29 |
| "not to concur and to ask the Senate to recede" with
respect to |
30 |
| each, several, or all of those amendments , subject to Rules 18 |
31 |
| and 75 . A motion to concur shall
be by record vote and shall be |
32 |
| adopted by the affirmative vote of a majority of
those elected, |
|
|
|
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|
1 |
| subject to Rule 69. Any 2 members may demand
a separate vote or |
2 |
| a
separate record vote, as applicable, on any of those |
3 |
| amendments.
|
4 |
| (b) When the Senate has refused to concur in one or more |
5 |
| amendments
added to a bill or resolution by the House and has |
6 |
| returned
the bill or resolution to the House with a message |
7 |
| requesting
the House to recede from one or more of its |
8 |
| amendments, it is in order
for the Principal Sponsor to present |
9 |
| a motion "to
recede" from the House amendments or "not to |
10 |
| recede and to
request a conference" , subject to Rules 18 and |
11 |
| 75 . A motion to recede shall be by record vote and shall be
|
12 |
| adopted by the affirmative vote of a majority of those elected, |
13 |
| subject to Rule
69. Any 2 members may demand a separate vote or |
14 |
| a separate
record vote, as applicable, on any of those |
15 |
| amendments.
|
16 |
| (c) Joint action motions are renewable and may be |
17 |
| reconsidered, provided that no joint action motion may be voted |
18 |
| on more than twice by the House.
|
19 |
| (House Rule 73)
|
20 |
| 73. Conference Committees.
|
21 |
| (a) A disagreement between the House and Senate exists
with |
22 |
| respect to any bill or resolution in the following
situations:
|
23 |
| (1) when the Senate refuses to recede from the adoption
|
24 |
| of any amendment, after the House has previously
refused to |
25 |
| concur in the amendment; or
|
26 |
| (2) when the House refuses to recede from the adoption
|
27 |
| of any amendment, after the Senate has previously
refused |
28 |
| to concur in the amendment.
|
29 |
| In those cases of disagreement between the House and
|
30 |
| Senate, the House may request a conference.
When such a request |
31 |
| is made, both
chambers of the General Assembly shall appoint |
32 |
| members to a committee to
confer on the subject of the bill or
|
33 |
| resolution giving rise to the disagreement. The combined
|
34 |
| membership of the 2 chambers appointed for that purpose is
the |
35 |
| conference committee.
|
|
|
|
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|
1 |
| (b) The conference committee shall consist of
5 members |
2 |
| from each chamber of the General Assembly.
The number of |
3 |
| majority caucus members from each chamber shall
be one more |
4 |
| than the number of minority caucus members from
each chamber.
|
5 |
| (c) Each
conference committee shall be comprised of 5
|
6 |
| members of the House, 3 appointed by the
Speaker and 2 |
7 |
| appointed by the Minority
Leader. No conference committee |
8 |
| report may be filed with the
Clerk until a majority of the |
9 |
| House conferees has been
appointed.
|
10 |
| (House Rule 74)
|
11 |
| 74. Conference Committee Reports.
|
12 |
| (a) No subject matter shall be included in any conference
|
13 |
| committee report on any bill unless that subject matter
|
14 |
| directly relates to the matters of difference between the
House |
15 |
| and Senate that have been referred to the conference
committee |
16 |
| unless the Rules Committee, by a majority vote of
the members |
17 |
| appointed, determines that the proposed subject
matter is of an |
18 |
| emergency nature, is of substantial
importance to the operation |
19 |
| of government, or is in the best
interests of Illinois.
|
20 |
| (b) No conference committee report shall be received by
the |
21 |
| Clerk or acted upon by the House unless it has been
signed by |
22 |
| at least 6 conferees. The report shall be signed
in duplicate. |
23 |
| One of the reports shall be filed with the
Secretary of the |
24 |
| Senate and one with the Clerk. The report
shall contain the |
25 |
| agreements reached by the committee.
|
26 |
| (c) If the conference committee determines
that it is |
27 |
| unable to reach agreement, the committee shall so
report to |
28 |
| each chamber of the General Assembly and request
appointment of |
29 |
| a second conference committee. If there is
agreement, the |
30 |
| committee shall so report to each chamber.
|
31 |
| (d) No conference committee report shall be adopted by the |
32 |
| House except on a
record vote of a majority of those elected, |
33 |
| subject to Rule 69.
|
34 |
| (House Rule 75)
|
|
|
|
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|
1 |
| 75. House Consideration of Joint Action.
|
2 |
| (a) No joint action motion for final action or
conference |
3 |
| committee report may be considered by the House
unless it has |
4 |
| first been referred to the House by the Rules Committee or a
|
5 |
| standing committee or special committee in
accordance with Rule |
6 |
| 18, or unless the joint action motion
or conference committee |
7 |
| report has been
discharged from the Rules Committee under Rule |
8 |
| 18.
Joint action motions for final consideration and conference |
9 |
| committee reports
referred to a standing committee or special |
10 |
| committee by the Rules Committee
may not be discharged from the |
11 |
| standing committee or special committee. This
subsection (a) |
12 |
| may be suspended by unanimous consent.
|
13 |
| (b) No conference committee report may be considered by
the |
14 |
| House unless it has been reproduced and
placed on the members' |
15 |
| desks, in the same manner as provided for bills under
Rule 39, |
16 |
| for one full day during the period beginning with the convening |
17 |
| of the
House on the 2nd Wednesday of January each year and |
18 |
| ending on the 30th day
prior to the scheduled adjournment of |
19 |
| the regular session established each year
by the Speaker |
20 |
| pursuant to Rule 9(a), and for one full hour on any other day.
|
21 |
| (c) Before any conference committee report on an
|
22 |
| appropriation bill is considered by the House, the
conference |
23 |
| committee report shall first be the subject of a
public hearing |
24 |
| by a standing Appropriations Committee or a
special committee |
25 |
| (the conference committee report need not be referred to an
|
26 |
| Appropriations Committee or special committee, but instead may
|
27 |
| remain before the Rules Committee or the House, as the case may |
28 |
| be).
The hearing shall be held pursuant to not less than one |
29 |
| hour
advance notice by announcement on the House floor, or one |
30 |
| day
advance notice by posting on the House bulletin board. An
|
31 |
| Appropriations Committee or special committee shall not issue
|
32 |
| any report with respect to the conference committee report |
33 |
| following the
hearing.
|
34 |
| (d) Any House Bill amended in the Senate and returned to
|
35 |
| the House for concurrence in the Senate amendment shall lie
|
36 |
| upon the desk of the Clerk for not less than one hour before
|
|
|
|
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|
1 |
| being further considered.
|
2 |
| (e) No House Bill that is
returned to the House with Senate |
3 |
| amendments may be called
except by the Principal Sponsor, or by |
4 |
| a chief co-sponsor with the consent of
the Principal Sponsor.
|
5 |
| This subsection may not be suspended.
|
6 |
| (f) Except as otherwise provided in Rule 74, the
report of |
7 |
| a conference committee on a non-appropriation bill
or |
8 |
| resolution shall be confined to the subject of the bill or
|
9 |
| resolution referred to the conference committee. The report
of |
10 |
| a conference committee on an appropriation bill shall be
|
11 |
| confined to the subject of appropriations.
|
12 |
| (House Rule 76)
|
13 |
| 76. Action on Conference Committee Reports.
|
14 |
| (a) Each chamber of the General Assembly shall inform
the |
15 |
| other by message of any action taken with respect to a
|
16 |
| conference committee report. Copies of all papers necessary
for |
17 |
| a complete understanding of the action shall
accompany the |
18 |
| message. The original bill or resolution
shall remain in the |
19 |
| chamber of origin.
|
20 |
| (b) No conference committee report may be called except by |
21 |
| the Principal
Sponsor of the bill for which the conference |
22 |
| committee was appointed.
A chief co-sponsor may call a |
23 |
| conference committee report with the consent of
the Principal |
24 |
| Sponsor.
This subsection may not be suspended.
|
25 |
| (c) If either chamber refuses to adopt
the report of the |
26 |
| conference committee, the report of the conference committee
is |
27 |
| laid on the table, or the first
conference committee is unable |
28 |
| to reach agreement, either
chamber may request a second |
29 |
| conference committee. When such
a request is made, each chamber |
30 |
| shall again appoint a
conference committee. If either chamber |
31 |
| refuses to
adopt the report of a second conference committee, |
32 |
| the 2
chambers shall have adhered to their disagreement, and |
33 |
| the
bill or resolution is lost.
|
|
|
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1 |
| ARTICLE IX
|
2 |
| VETOES
|
3 |
| (House Rule 77)
|
4 |
| 77. Recording of Vetoes. Upon the receipt by the House
of |
5 |
| any bill returned by the Governor under any of the
provisions |
6 |
| of Article IV, Sec. 9 of the Constitution, the
Clerk shall |
7 |
| enter the objections of the Governor on the
Journal, and shall |
8 |
| distribute copies of all veto messages to
each member's desk, |
9 |
| together with copies of the vetoed bill
or item, as soon as |
10 |
| practical, in the same manner as for bills under Rule 39.
|
11 |
| (House Rule 78)
|
12 |
| 78. Amendatory Vetoes.
|
13 |
| (a) The Principal Sponsor of a bill that has been passed by
|
14 |
| the General Assembly may request the Clerk to notify the
|
15 |
| Governor that the Principal Sponsor wishes to be consulted by |
16 |
| the
Governor or his or her designee before the
Governor returns |
17 |
| the bill together with specific
recommendations for change |
18 |
| under subsection (e) of
Section 9 of Article IV of the Illinois |
19 |
| Constitution.
|
20 |
| (b) Any bill returned by the Governor together with
|
21 |
| specific recommendations for change under subsection (e)
of |
22 |
| Section 9 of Article IV of the Illinois Constitution
shall |
23 |
| automatically be placed on the Daily Calendar on the order of |
24 |
| amendatory
vetoes, and shall be considered as provided in this |
25 |
| Rule.
|
26 |
| (c) The Governor's specific recommendations for change
|
27 |
| with respect to a bill returned under subsection (e) of
Section |
28 |
| 9 of Article IV of the Illinois Constitution shall be
limited |
29 |
| to addressing the Governor's objections to portions
of a bill |
30 |
| the general merit of which the Governor recognizes
and shall |
31 |
| not alter the fundamental purpose or legislative
scheme set |
32 |
| forth in the bill as passed.
|
33 |
| (d) Any motion to accept the Governor's
specific |
34 |
| recommendations for change shall be automatically referred to |
|
|
|
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|
1 |
| the
Rules Committee. The Rules Committee shall examine the
|
2 |
| Governor's specific recommendations for change and determine
|
3 |
| by a majority of the members appointed whether those
|
4 |
| recommendations comply with the standard set forth in
|
5 |
| subsection (c). Any motion to accept specific recommendations
|
6 |
| for change that the Rules Committee determines
are in |
7 |
| compliance with subsection (c) of this Rule shall be subject to |
8 |
| action
by the Rules Committee in the same manner as floor |
9 |
| amendments, joint
action motions, conference committee reports |
10 |
| and motions to table committee
amendments under Rule 18(e).
|
11 |
| (e) Any motion to override the Governor's specific |
12 |
| recommendations for
change shall not be referred to a committee |
13 |
| and may be immediately considered
and adopted by the House |
14 |
| subject to Rule 80(d).
|
15 |
| (f) This rule may not be suspended.
|
16 |
| (House Rule 79)
|
17 |
| 79. Motions to Consider Vetoes. For purposes of this
|
18 |
| Article, the term "motions" means motions to
accept or override |
19 |
| a veto of the Governor. Motions with
respect to bills returned |
20 |
| by the Governor may be made by the
Principal Sponsor, the |
21 |
| committee Chairperson in the case of a
committee-sponsored |
22 |
| bill, or if Co-Chairpersons have been appointed, by the
|
23 |
| Co-Chairperson of the majority caucus in the case of special
|
24 |
| committee-sponsored bills.
Motions shall be filed in writing |
25 |
| with the Clerk.
Any motion to override a veto of the Governor |
26 |
| shall not be referred to a
committee and may be immediately |
27 |
| considered and adopted by the House subject to
Rule 80.
All |
28 |
| motions shall be
assigned standard debate status, subject to
|
29 |
| Rule 52 , are renewable, and may be reconsidered, provided that |
30 |
| no motion may be voted on more than twice by the House .
|
31 |
| (House Rule 80)
|
32 |
| 80. Consideration of Motions.
|
33 |
| (a) The vote to override a veto of a bill vetoed in its |
34 |
| entirety
shall be by record vote and shall be entered on the |
|
|
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|
1 |
| Journal.
The form of motion with respect to these bills shall |
2 |
| be: "I
move that ________ Bill _____ do pass, notwithstanding
|
3 |
| the veto of the Governor."
|
4 |
| (b) The vote to override an item veto shall be by record
|
5 |
| vote as to each item separately and shall be entered on the
|
6 |
| Journal. The form of motion with respect to an item shall
be: |
7 |
| "I move that the item on page ____, line ____, of ____
Bill |
8 |
| _____ do pass, notwithstanding the item veto of the Governor."
|
9 |
| (c) The vote to override
an item reduction veto and restore |
10 |
| an item that has
been reduced shall be by record vote as to |
11 |
| each item separately and shall
be entered on the Journal. The |
12 |
| form of motion with respect
to an item shall be: "I move that |
13 |
| the item on page ____, line
____, of ____ Bill ____ be |
14 |
| restored, notwithstanding the item
reduction of the Governor."
|
15 |
| (d) A bill returned together with specific
recommendations |
16 |
| of the Governor may be acted upon, by record
vote, in either of |
17 |
| the following manners:
|
18 |
| (1) By a motion to accept the specific recommendations
|
19 |
| of the Governor. The form of motion
shall be: "I move to |
20 |
| accept the specific
recommendations of the Governor as to |
21 |
| _____ Bill
_____ in manner and form as follows: (inserting
|
22 |
| herein the language deemed necessary to effectuate
the |
23 |
| specific recommendations)."; or
|
24 |
| (2) By considering the bill as a vetoed bill and
|
25 |
| overriding the recommendation and passing the bill
in its |
26 |
| original form. The form of motion
shall be: "I move that |
27 |
| _____ Bill _____ do
pass, notwithstanding the specific |
28 |
| recommendations
of the Governor.".
|
29 |
| (House Rule 81)
|
30 |
| 81. Vetoed Bills Considered in Entirety. If
a bill is |
31 |
| returned by the Governor containing more than one
item veto, |
32 |
| reduction veto, specific recommendation for change, or
|
33 |
| combination of them, the bill shall be acted upon in its
|
34 |
| entirety before the bill is released from the custody of the
|
35 |
| House.
|
|
|
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|
1 |
| (House Rule 82)
|
2 |
| 82. Disposition of Vetoes. When a bill or item has
received |
3 |
| the affirmative vote of the number of members
elected necessary |
4 |
| under the Constitution, the Presiding
Officer shall declare |
5 |
| that the bill or item has been
passed or restored over the veto |
6 |
| of the Governor,
or that the specific recommendations for |
7 |
| change
have been approved, as the case may be. The bill shall |
8 |
| then
be attested to by the Clerk who shall note thereon the day
|
9 |
| the bill passed. The bill and the objections of the
Governor |
10 |
| shall then be immediately delivered to the
Senate. When |
11 |
| specific recommendations have been accepted,
then the |
12 |
| accepting language shall be attached to the
original bill, and |
13 |
| the bill shall be delivered to the Senate.
|
14 |
| ARTICLE X
|
15 |
| ELECTION CONTESTS AND QUALIFICATIONS CHALLENGES
|
16 |
| (House Rule 83)
|
17 |
| 83. Election Contests and Qualifications Challenges.
|
18 |
| (a) An election contest places in issue only the
validity |
19 |
| of the results of an election of a member to the
House in a |
20 |
| representative district. An election contest may
result only in |
21 |
| a determination of which candidate in that
election was |
22 |
| properly elected to the House and shall be
seated.
|
23 |
| (b) A qualifications challenge places in issue only
the |
24 |
| qualifications of an incumbent member of the House under
the |
25 |
| Constitution, or the legality of an appointment of a
person as |
26 |
| a member of the House to fill a vacancy. A
qualifications |
27 |
| challenge may result only in a determination
of whether a |
28 |
| member of the House is properly seated.
|
29 |
| (c) Election contests and qualifications challenges
shall |
30 |
| be brought and conducted as provided in these Rules.
|
31 |
| (d) If an election contest or qualifications challenge is
|
32 |
| filed with the Clerk, the Speaker shall create an Election |
|
|
|
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|
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| Contest or
Qualifications Challenge Committee, as the case may |
2 |
| be, within 3 legislative
days by filing a notice with the |
3 |
| Clerk. The creation of any committee
under this Rule shall be |
4 |
| governed by Rule 10. The election contest or
qualifications |
5 |
| challenge shall be automatically referred
to the Election |
6 |
| Contest or Qualifications Challenge Committee, as the
case may |
7 |
| be.
For purposes of this Article, the term "committee" means |
8 |
| only
the Election Contest or Qualifications Challenge |
9 |
| Committees created under this
Rule. This subsection may not be |
10 |
| suspended.
|
11 |
| (e) The committee may adopt rules to govern election
|
12 |
| contests and qualifications challenges, but those
committee |
13 |
| rules must be consistent with these Rules, must be
filed with |
14 |
| the Clerk, and must be made available to all
parties and to the |
15 |
| public. Any committee rule shall be
subject to amendment, |
16 |
| suspension, or repeal by House
resolution.
|
17 |
| (House Rule 84)
|
18 |
| 84. Initiating Election Contests.
|
19 |
| (a) Election contests may be brought only by a
registered |
20 |
| voter of the representative district or by a
member of the |
21 |
| House.
|
22 |
| (b) Election contests may be brought only by the
procedures |
23 |
| and within the time limits established by the
Election Code. |
24 |
| Notice of intention to contest shall be
served on the person |
25 |
| certified as elected to the House from
the representative |
26 |
| district within the time limits
established by the Election |
27 |
| Code. The requirements of this
subsection apply to a member of |
28 |
| the House
appointed to fill a vacancy the same as if that |
29 |
| member had
been elected to the House.
|
30 |
| (c) Within 10 days after the convening of the House in
|
31 |
| January following the general election contested, each
|
32 |
| contestant shall file with the Clerk a petition of election
|
33 |
| contest and shall serve the petition on the incumbent member
of |
34 |
| the House from the representative district. A petition of
|
35 |
| election contest shall allege the contestant's qualifications
|
|
|
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|
1 |
| to bring the contest and to serve as a member of the House,
|
2 |
| that he or she believes that a mistake or fraud has been
|
3 |
| committed in specified precincts in the counting, return, or
|
4 |
| canvass of the votes, or that there was some other specified
|
5 |
| irregularity in the conduct of the election in specified
|
6 |
| precincts. A petition of election contest shall contain a
|
7 |
| prayer specifying the relief requested and the precincts in
|
8 |
| which a recount or other inquiry is desired. A petition of
|
9 |
| election contest shall be verified by affidavit swearing to
the |
10 |
| truth of the allegations or based upon information and
belief, |
11 |
| and shall be accompanied by proof of service on all
|
12 |
| respondents.
|
13 |
| (d) A notice of intent to contest may not be amended to
|
14 |
| cure a defect under the statutory requirements. A petition
of |
15 |
| election contest, if filed and served after the
notice of |
16 |
| intention to contest, may not raise points not
expressed in the |
17 |
| notice.
|
18 |
| (e) The incumbent member of the House from the
|
19 |
| representative district is a necessary party to the
initiation |
20 |
| of an election contest.
|
21 |
| (House Rule 85)
|
22 |
| 85. Initiating Qualifications Challenges.
|
23 |
| (a) Qualifications challenges may be brought only by a
|
24 |
| registered voter of the representative district of the
|
25 |
| representative challenged or by a member of the House.
|
26 |
| (b) Qualifications challenges must be brought within 90
|
27 |
| days after the day the challenged member takes his or her oath
|
28 |
| of office as a member of the House, or within 90 days after the
|
29 |
| day the petitioner first learns of the information on which
the |
30 |
| challenge is based, whichever occurs later.
|
31 |
| (c) A qualifications challenge shall be brought by
filing a |
32 |
| petition of qualifications challenge with the Clerk,
and by |
33 |
| serving a copy of the petition on the respondent
member of the |
34 |
| House. The petition must be accompanied by
proof of personal |
35 |
| service upon the respondent member and must
be verified by |
|
|
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|
1 |
| affidavit swearing to the truth of the
allegations or based |
2 |
| upon information and belief. A petition
of qualifications |
3 |
| challenge shall set forth the grounds on
which the respondent |
4 |
| member is alleged to be constitutionally
unqualified, or on |
5 |
| which his or her appointment to the House
is claimed to be |
6 |
| legally improper, the qualifications of the
petitioner to bring |
7 |
| the challenge, and a prayer for relief.
|
8 |
| (House Rule 86)
|
9 |
| 86. Contests and Challenges; Due Process.
|
10 |
| (a) Election contests and challenges shall be heard and
|
11 |
| determined as expeditiously as possible under adversary
|
12 |
| procedures wherein each party to the proceedings has a
|
13 |
| reasonable opportunity to present his or her claim, to present |
14 |
| any
defense and arguments, and to respond to those of his or |
15 |
| her
opponents. All parties may be represented by counsel.
|
16 |
| (b) Election contests and qualifications challenges
shall |
17 |
| be heard and determined in accordance with the
applicable |
18 |
| provisions of the Election Code and other Illinois
statutes, |
19 |
| the Illinois Constitution, and the United
States Constitution. |
20 |
| Judicial decisions that bear on a
point of law in a contest or |
21 |
| challenge shall be admissible in
the arguments of the parties |
22 |
| and the deliberations and
decisions of the committee. Judicial |
23 |
| decisions applicable to
a point of law or to a fact situation |
24 |
| to the committee shall
be given weight as precedent.
|
25 |
| (c) In addition to notice of meetings required under
these |
26 |
| Rules, the committee and any subcommittee shall give
notice to |
27 |
| all parties reasonably in advance of each meeting
or other |
28 |
| proceeding. The committee shall also give notice of
all rules, |
29 |
| timetables, or deadlines adopted by the committee.
Notice under |
30 |
| this subsection shall be in writing and shall be
given either |
31 |
| personally with receipt, or by certified mail
(return receipt |
32 |
| requested) addressed to the party at his or
her place of |
33 |
| residence, and to his or her attorney of record
at the |
34 |
| attorney's office if so requested by the party.
|
|
|
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|
1 |
| (House Rule 87)
|
2 |
| 87. Committee Proceedings and Powers in Contests and
|
3 |
| Challenges.
|
4 |
| (a) All proceedings of the committee and any
subcommittees |
5 |
| concerning election contests and qualifications
challenges |
6 |
| shall be transcribed by a certified court
reporter. Copies of |
7 |
| the transcript shall be made available
to the members of the |
8 |
| committee and to the parties.
|
9 |
| (b) The committee may dismiss an election contest or
|
10 |
| qualifications challenge, or may determine to proceed to a
|
11 |
| recount or other inquiry. The committee may limit the issues
to |
12 |
| be determined in a contest or challenge, except that when
a |
13 |
| recount is conducted in an election contest, any precinct
|
14 |
| timely requested by any party to be recounted shall be
|
15 |
| recounted by the committee.
|
16 |
| (c) In conducting inquiries, investigations, and recounts
|
17 |
| in election contests and qualifications challenges, the
|
18 |
| committee has the power to send for and compel the
attendance |
19 |
| of witnesses and the production of books, papers,
ballots, |
20 |
| documents, and records by subpoena signed by the
Chairperson of |
21 |
| the committee as provided by law and subject to Rule 4(c)(9).
|
22 |
| In
conducting proceedings in election contests and
|
23 |
| qualifications challenges, the Chairperson of the committee
|
24 |
| and the Chairperson of any subcommittee may administer oaths
to |
25 |
| witnesses, as provided by law, and for this purpose a
|
26 |
| subcommittee is deemed to be a committee of the House.
|
27 |
| (d) The committee may issue commissions by its
Chairperson |
28 |
| to any officer authorized to take depositions of
any necessary |
29 |
| witnesses as may be permitted by law. In
recounting the ballots |
30 |
| in any election contest, however, no
person other than a member |
31 |
| of the committee shall handle any
ballots, tally sheets, or |
32 |
| other election materials without
consent of the committee or |
33 |
| subcommittee. The responsibility
for the actual recounting of |
34 |
| ballots may not be delegated.
|
35 |
| (e) The committee shall maintain an accurate and
complete |
36 |
| record of proceedings in every election contest and
|
|
|
|
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LRB094 03555 RCE 36711 r |
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1 |
| qualifications challenge. That record shall include all
|
2 |
| notices and pleadings, the transcripts and roll call votes,
all |
3 |
| reports and dissents, and all documents that were
admitted into |
4 |
| the proceeding. The committee shall file the
record with the |
5 |
| Clerk of the House upon the adoption of its
final report. The |
6 |
| record shall then be available for
examination in the Clerk's |
7 |
| office.
|
8 |
| (f) With the approval of the Speaker, the committee may
|
9 |
| employ clerks, stenographers, court reporters, professional
|
10 |
| staff, and messengers.
|
11 |
| (House Rule 88)
|
12 |
| 88. Adoption of Reports in Contests and Challenges.
|
13 |
| (a) All final decisions of the committee regarding an
|
14 |
| election contest or qualification challenge shall be approved |
15 |
| by a majority of
the members appointed to the committee and |
16 |
| reported
in writing to the House. Reports shall include a |
17 |
| specific
recommendation to the House as to the disposition of |
18 |
| the
contest or challenge. Final reports following full inquiry
|
19 |
| on the merits of a contest or challenge shall contain
findings |
20 |
| of fact and, when necessary, conclusions of law.
|
21 |
| (b) Any member of the committee may file a dissent from
a |
22 |
| report of the committee, a minority report, or a special
|
23 |
| concurrence with the majority report or with any minority
|
24 |
| report.
|
25 |
| (c) A subcommittee shall report to the committee in
writing |
26 |
| in the same form as required for the committee
report. |
27 |
| Subcommittee members may file dissents, reports, and
special |
28 |
| concurrences.
|
29 |
| (d) Reports shall not be adopted by the committee or a
|
30 |
| subcommittee until a hearing has been held thereon, with
notice |
31 |
| to all parties and a reasonable opportunity to examine
and |
32 |
| respond to a proposed majority report.
|
33 |
| (e) Reports of the committee shall be filed with the
Clerk, |
34 |
| reproduced, and placed on the members' desks, along with
any |
35 |
| dissents, minority reports, or special concurrences, in the |
|
|
|
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LRB094 03555 RCE 36711 r |
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|
1 |
| same manner as
provided for bills under Rule 39. The
report |
2 |
| shall be listed on the calendar under the heading
"Report of |
3 |
| Election Contest" or "Report of Qualifications
Challenge". The |
4 |
| report shall be carried on the Daily
Calendar for 2 legislative |
5 |
| days before any action by the
House.
|
6 |
| (f) The House shall adopt the majority report or a
minority |
7 |
| report in an election contest or qualifications
challenge or |
8 |
| shall refuse to adopt any report filed and
re-refer the contest |
9 |
| or challenge to the committee for
further proceedings or for a |
10 |
| modified report. A report that
has the effect of unseating an |
11 |
| incumbent member of the House
shall be adopted only by the |
12 |
| affirmative vote of
60 members elected.
|
13 |
| (g) Each party to a contest or challenge shall file with
|
14 |
| the Clerk of the committee within 10 days after the filing of
|
15 |
| the final report a detailed statement of attorney's fees and
|
16 |
| expenses incurred by that party in connection with the case.
|
17 |
| The committee shall make recommendations to the House
|
18 |
| concerning reimbursement of attorney's fees and the expenses
of |
19 |
| the parties. The recommendation shall not exceed a sum
that is |
20 |
| reasonable, just, and proper.
|
21 |
| ARTICLE XI
|
22 |
| DISCIPLINE AND PROTEST
|
23 |
| (House Rule 89)
|
24 |
| 89. Disorderly Behavior.
|
25 |
| (a) In accordance with Article IV, Sec. 6(d) of the
|
26 |
| Constitution, the House may punish any of its members for
|
27 |
| disorderly behavior and, with the concurrence of two-thirds
of |
28 |
| the members elected, expel a member (but not for a
second time |
29 |
| for the same offense). The reason for
expulsion shall be |
30 |
| entered upon the Journal with the names
and votes of those |
31 |
| members voting on the question.
|
32 |
| (b) In accordance with Article IV, Sec. 6(d) of the
|
33 |
| Constitution, the House during its session may punish by
|
|
|
|
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|
1 |
| imprisonment any person, not a member, guilty of
disrespect to |
2 |
| the House by disorderly or contemptuous
behavior in its |
3 |
| presence. That imprisonment shall not extend
beyond 24 hours at |
4 |
| one time unless the person persists in
disorderly or |
5 |
| contemptuous behavior.
|
6 |
| (House Rule 90)
|
7 |
| 90. Protest. Any 2 members have the
right to dissent and |
8 |
| protest, in respectful language, against
any act or resolution |
9 |
| that they may think injurious to the
public or to any |
10 |
| individual, and have the reason of their
protest entered upon |
11 |
| the Journal. When by motion a majority
of members determines |
12 |
| that the language of a protest
is not respectful, the protest |
13 |
| shall be referred back to the
protesting members.
|
14 |
| ARTICLE XII
|
15 |
| DISCIPLINARY PROCEEDINGS
|
16 |
| (House Rule 91)
|
17 |
| 91. Initiating Disciplinary Proceedings.
|
18 |
| (a) Disciplinary proceedings may be commenced by
filing |
19 |
| with the Speaker a petition for a special investigating |
20 |
| committee.
The petition must be signed by at least
one member |
21 |
| of the House, and shall contain suggested charges
which, if |
22 |
| true, may subject the member named in the petition
to |
23 |
| disciplinary action by the House. If the petition is
signed by |
24 |
| 3 or more members of the House, the Speaker
shall appoint 3 |
25 |
| members of the majority caucus and the
Minority Leader shall |
26 |
| appoint 3 members of the minority caucus
to a special |
27 |
| investigating committee. If the petition is
signed by fewer |
28 |
| than 3 members of the House, the Speaker
shall consult the |
29 |
| member named in the petition, and unless
that member objects in |
30 |
| writing, the Speaker and the Minority
Leader shall appoint a |
31 |
| special investigating committee. If
the member named in the |
32 |
| petition objects to the appointment
of a special investigating |
|
|
|
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|
1 |
| committee, any member who signed a
petition for an |
2 |
| investigation under this Rule may introduce a
resolution to |
3 |
| initiate disciplinary proceedings. Unless a
resolution |
4 |
| initiating disciplinary proceedings is introduced
under this |
5 |
| Rule, the contents of a petition for a
special investigating |
6 |
| committee shall be confidential except
as to the member named, |
7 |
| the members signing it, the Speaker,
and the members of a |
8 |
| special investigating committee.
|
9 |
| (b) A resolution to initiate disciplinary proceedings
|
10 |
| shall be substantially in the following form:
|
11 |
| "BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
|
12 |
| ______________ GENERAL ASSEMBLY OF THE STATE OF ILLINOIS,
that |
13 |
| a Special Investigating Committee be appointed to
investigate |
14 |
| allegations concerning the conduct of
Representative |
15 |
| _______________________, which, if true, may
subject that |
16 |
| member to disciplinary action by the House of
Representatives."
|
17 |
| A resolution to initiate disciplinary proceedings may be
|
18 |
| introduced only as permitted under this Rule. It is
improper to |
19 |
| attempt to initiate disciplinary proceedings in
any manner not |
20 |
| authorized by this Rule.
|
21 |
| (c) A resolution to initiate disciplinary proceedings
|
22 |
| shall not be assigned to committee, notwithstanding the
|
23 |
| provisions of Rule 15. The resolution shall lie on the
|
24 |
| Speaker's Table and shall be called within 5 legislative
days.
|
25 |
| (d) A resolution to initiate disciplinary proceedings
is |
26 |
| debatable.
|
27 |
| (e) A resolution initiating disciplinary proceedings may
|
28 |
| be adopted only by the affirmative vote of 60 members elected.
|
29 |
| (f) This Rule may be suspended only by unanimous
consent.
|
30 |
| (House Rule 92)
|
31 |
| 92. Preliminary Investigation.
|
32 |
| (a) Pursuant to a petition or upon the adoption of a
|
33 |
| resolution initiating disciplinary proceedings, as provided
in |
34 |
| Rule 91, a special investigating committee consisting of
6 |
35 |
| members shall be appointed, of whom 3 shall be
appointed by the |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| Speaker from the majority caucus and 3
shall be appointed by |
2 |
| the Minority Leader from the minority
caucus. The Speaker shall |
3 |
| appoint the Chairperson of the
special investigating committee |
4 |
| from among the 6 members.
Sponsors of the initiating resolution |
5 |
| may not be
appointed to the special investigating committee.
|
6 |
| (b) The special investigating committee shall conduct a
|
7 |
| thorough investigation of all allegations and charges of
|
8 |
| impropriety concerning the member named in the initiating
|
9 |
| resolution that are brought to its attention to determine if
|
10 |
| reasonable grounds exist to bring charges against the member
|
11 |
| for formal disciplinary proceedings by the House. The
special |
12 |
| investigating committee shall meet with the Principal Sponsor |
13 |
| of the initiating resolution at its initial meeting.
|
14 |
| At the initial meeting, the Principal Sponsor of the
|
15 |
| initiating resolution shall submit to the special
|
16 |
| investigating committee a written list of suggested charges.
|
17 |
| The list shall define the scope of the inquiry or
investigation |
18 |
| pursuant to the initiating resolution. If the
Principal Sponsor |
19 |
| of the initiating resolution fails to
submit a list, the |
20 |
| special committee shall report a
resolution of exoneration.
|
21 |
| The Principal Sponsor of the initiating resolution shall
|
22 |
| also submit to the special investigating committee all
|
23 |
| information he or she may have relevant to the charges and
|
24 |
| allegations.
|
25 |
| (c) The special investigating committee shall conduct
all |
26 |
| of its proceedings in executive session, and shall
maintain |
27 |
| strict confidence as to all of its proceedings and
all |
28 |
| witnesses, testimony, information, and exhibits that may
come |
29 |
| before it. No transcript or record of proceedings shall
be |
30 |
| taken. This subsection shall be adopted and effective
upon an |
31 |
| affirmative vote of 79 members. This subsection may
not be |
32 |
| suspended.
|
33 |
| (d) Except for its initial meeting, any posting or
notice |
34 |
| requirements do not apply to meetings of the
special |
35 |
| investigating committee, but the Chairperson shall
give notice |
36 |
| of all meetings to the member named in and the
Principal |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| Sponsor of the initiating resolution and shall give
reasonable |
2 |
| notice to the public. The member who is the
subject of the |
3 |
| initiating resolution has the right to
counsel during |
4 |
| proceedings of the special investigating
committee.
|
5 |
| (e) Except for subsection (c), this Rule may be
suspended |
6 |
| only by the affirmative vote of 71 members elected.
|
7 |
| (House Rule 93)
|
8 |
| 93. Report of Special Investigating Committee.
|
9 |
| (a) The special investigating committee shall report in
|
10 |
| writing. All reports shall be signed by the members
supporting |
11 |
| the report.
|
12 |
| (b) If a majority of the members of the special
committee |
13 |
| determines to prefer charges, it shall file with
the Clerk a |
14 |
| formal statement of charges and specifications,
and shall |
15 |
| appoint 2 members of the House, one from the
majority caucus |
16 |
| and one from the minority caucus, who are not members
of the |
17 |
| special investigating committee to be managers for the
House at |
18 |
| the hearing on the charges. The statement of
charges shall |
19 |
| constitute the report of the special committee,
but the special |
20 |
| committee in its discretion may file a
supplementary report |
21 |
| stating its reasons for not bringing any
other charges that may |
22 |
| have been suggested to it.
|
23 |
| (c) If the special committee determines not to prefer
|
24 |
| charges, it shall file with the Clerk a resolution
exonerating |
25 |
| the member named in the initiating resolution
together with a |
26 |
| report stating its reasons for not preferring
charges.
|
27 |
| (d) If the special committee cannot by majority vote of
its |
28 |
| members determine whether to prefer charges,
the committee |
29 |
| shall file with the Clerk a resolution of
exoneration and a |
30 |
| report stating the affirmative reasons for
not preferring |
31 |
| charges. That report shall be signed by all
members of the |
32 |
| special investigating committee, regardless of
their original |
33 |
| vote in the committee proceedings on whether
to prefer charges.
|
34 |
| (e) This Rule may be suspended only by the affirmative
vote |
35 |
| of 71 members elected.
|
|
|
|
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|
|
1 |
| (House Rule 94)
|
2 |
| 94. Select Committee on Discipline.
|
3 |
| (a) When charges are preferred against any member of
the |
4 |
| House under Rule 93, the Speaker and the Minority
Leader shall |
5 |
| appoint a committee, to be known as a select
committee on |
6 |
| discipline, to hear and determine the charges.
The select |
7 |
| committee shall consist of 12 members of the
House, 6 of whom |
8 |
| shall be appointed by the Speaker from the
majority caucus and |
9 |
| 6 of whom shall be appointed by the
Minority Leader from the |
10 |
| minority caucus. The Speaker shall
appoint a Chairperson of the |
11 |
| select committee from among the
12 members. No member who |
12 |
| served on the special
investigating committee or any sponsor of |
13 |
| the initiating
resolution may be appointed to the select |
14 |
| committee.
|
15 |
| (b) All appointments to a select committee on discipline
|
16 |
| shall be completed and the select committee shall convene
|
17 |
| within 30 days after the filing of charges for which the
|
18 |
| committee is appointed.
|
19 |
| (c) This Rule may be suspended only by the affirmative
vote |
20 |
| of 79 members elected.
|
21 |
| (House Rule 95)
|
22 |
| 95. Hearings on Disciplinary Charges.
|
23 |
| (a) Proceedings before the select committee on
discipline |
24 |
| shall be adversary in form, with the managers for
the House |
25 |
| presenting the case for disciplinary action. The
respondent |
26 |
| member may be represented by counsel.
|
27 |
| (b) Stipulations of fact shall be encouraged by the
select |
28 |
| committee.
|
29 |
| (c) The rules of evidence applicable to criminal
|
30 |
| proceedings apply except as may be waived by the
managers or |
31 |
| respondent, as may be appropriate.
|
32 |
| (House Rule 96)
|
33 |
| 96. Report of Select Committee.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (a) The committee shall vote on each specification and
|
2 |
| charge, except that a vote of exoneration on a charge shall
be |
3 |
| a vote as to all specifications under that charge. All
final |
4 |
| votes on the merits of a charge or specification shall
be by |
5 |
| record vote.
|
6 |
| (b) A finding of fault or exoneration on any
specification |
7 |
| or charge requires an affirmative vote of
a majority of the |
8 |
| members appointed to the select committee.
|
9 |
| (c) The committee shall file a report of its findings on
|
10 |
| each specification and charge and a recommendation as to
|
11 |
| penalty with the Clerk. The report shall state the reasons
for |
12 |
| each conclusion and recommendation. If the committee
finds the |
13 |
| respondent member exonerated regarding any charge,
it shall |
14 |
| report a resolution of exoneration together with its
report. If |
15 |
| the select committee finds the respondent member
at fault |
16 |
| regarding any charge, it shall report a resolution
embodying |
17 |
| its findings and recommended penalty.
|
18 |
| (d) If a select committee reports a finding of fault
|
19 |
| regarding any charge, any member of the select committee may
|
20 |
| file a minority report with the Clerk either dissenting from
a |
21 |
| finding, reason, or recommendation in the majority report
or |
22 |
| stating a concurrence on different grounds. A
dissenting report |
23 |
| may include a resolution of exoneration as
to any charge or |
24 |
| specifications.
|
25 |
| (e) When a select committee has found a member at
fault |
26 |
| regarding a charge, the committee shall adopt a
recommendation |
27 |
| for disciplinary action. The committee may
recommend a |
28 |
| reprimand, a censure, expulsion from the House,
or that no |
29 |
| penalty be invoked. The recommendation on
disciplinary action |
30 |
| requires an affirmative vote of the
majority of the members |
31 |
| appointed to the select committee.
|
32 |
| (f) This Rule may be suspended only by the affirmative
vote |
33 |
| of 71 members elected.
|
34 |
| (House Rule 97)
|
35 |
| 97. House Action on Disciplinary Reports.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (a) The report of a select committee, together with any
|
2 |
| dissenting or concurring reports, and any accompanying
|
3 |
| resolution, shall be reproduced and placed on the members'
|
4 |
| desks, in the same manner as for bills under Rule 39. The |
5 |
| report shall be
placed on the calendar under the
heading |
6 |
| "Report of Select Committee on Discipline". The
report shall be |
7 |
| carried on the Daily Calendar for 2
legislative days before any |
8 |
| action by the House.
|
9 |
| (b) If the report of a select committee or a special
|
10 |
| investigating committee exonerates the respondent member, the
|
11 |
| House shall take up the resolution or re-refer the case to
the |
12 |
| committee for further proceedings.
|
13 |
| (c) If the select committee reports a finding of fault
as |
14 |
| to any charge, the House shall take up the resolution for
|
15 |
| disciplinary action together with any minority resolutions.
|
16 |
| The House may amend a resolution for disciplinary action to
|
17 |
| decrease the recommended penalty.
|
18 |
| (d) The House shall take action by a record vote on each
|
19 |
| resolution. Adoption of a resolution finding the
respondent |
20 |
| member at fault regarding charges and
specifications shall |
21 |
| dispose of any minority resolution of
exoneration on those |
22 |
| charges and specifications. If the House
adopts a resolution of |
23 |
| exoneration as to any charge or
specification, a majority |
24 |
| resolution shall be amended in
accord with that disposition of |
25 |
| those charges and
specifications before it may be called for a |
26 |
| final vote. If
the adoption of exoneration resolutions disposes |
27 |
| of all the
charges and specifications in a majority resolution |
28 |
| for
disciplinary action, the majority resolution shall be |
29 |
| tabled.
|
30 |
| (e) Following record votes on all majority and minority
|
31 |
| resolutions arising out of a select committee finding of
fault |
32 |
| on a charge or specification, if there remains any
charge or |
33 |
| specification on which the House has neither
exonerated the |
34 |
| member or adopted a finding of fault, then any
member may |
35 |
| introduce and move a resolution of exoneration on
that charge |
36 |
| or specification.
|
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| (f) A resolution finding a member at fault regarding a
|
2 |
| charge may be adopted only by the affirmative vote of 71
|
3 |
| members elected, except that a resolution the effect of which |
4 |
| is to
expel a member may be adopted only by the affirmative |
5 |
| vote of
79 members elected.
|
6 |
| (g) This Rule may be suspended only by the affirmative
vote |
7 |
| of 79 members elected.
|
8 |
| ARTICLE XIII
|
9 |
| FORCE AND EFFECT
|
10 |
| (House Rule 98)
|
11 |
| 98. Applicability. The meetings and actions of the
House, |
12 |
| including all of its committees, are governed by
these House |
13 |
| Rules.
|
14 |
| (House Rule 99)
|
15 |
| 99. Parliamentary Authority. The rules of
parliamentary
|
16 |
| practice appearing in the latest edition of Robert's Rules of
|
17 |
| Order govern the House in all cases to which they apply
so long |
18 |
| as they are not inconsistent with
these Rules.
|
19 |
| (House Rule 100)
|
20 |
| 100. Certification by Speaker. With respect to each
bill |
21 |
| that is certified
by the Speaker in accordance with Article IV, |
22 |
| Sec. 8(d) of
the Constitution, there is an irrebuttable |
23 |
| presumption
that the procedural requirements for passage have |
24 |
| been met.
|
25 |
| (House Rule 101)
|
26 |
| 101. Effective Date. These rules are in full
force and |
27 |
| effect upon their adoption, and shall remain in
full force and |
28 |
| effect except as amended in accordance
with these Rules, or |
29 |
| until superseded by new rules adopted as part of
the |
30 |
| organization of a newly-constituted General Assembly at
the |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| commencement of a term.
|
2 |
| ARTICLE XIV
|
3 |
| DEFINITIONS
|
4 |
| (House Rule 102)
|
5 |
| 102. Definitions. As used in these Rules, terms have
the |
6 |
| meanings ascribed to them as follows, unless the
context |
7 |
| clearly requires a different meaning:
|
8 |
| (1) Chairperson. "Chairperson" means that
|
9 |
| Representative designated by the Speaker to serve as chair |
10 |
| of
a committee.
|
11 |
| (2) Co-Chairperson. "Co-Chairperson" means a |
12 |
| Representative
designated by the Speaker to serve as |
13 |
| co-chair of a special committee.
|
14 |
| (3) Clerk. "Clerk" means the elected Clerk of the
|
15 |
| House.
|
16 |
| (4) Committee. "Committee" means a committee of the
|
17 |
| House and includes a standing committee, the Rules |
18 |
| Committee,
a special committee, the Committee on Conflicts |
19 |
| of Interest, committees created
under Article X and Article |
20 |
| XII of these Rules, and a
subcommittee of a committee. |
21 |
| "Committee" does not mean a conference
committee, and the |
22 |
| procedural and notice requirements
applicable to |
23 |
| committees do not apply to conference
committees.
|
24 |
| (5) Constitution. "Constitution" means the
|
25 |
| Constitution of the State of Illinois.
|
26 |
| (6) General Assembly. "General Assembly" means the
|
27 |
| current General Assembly of the State of Illinois.
|
28 |
| (7) House. "House" means the House of Representatives
|
29 |
| of the General Assembly.
|
30 |
| (8) Joint Action Motions. "Joint action motions"
means |
31 |
| the following motions before the House:
to concur in a |
32 |
| Senate amendment, to non-concur in a Senate
amendment, to |
33 |
| recede from a House amendment, to refuse to
recede from a |
|
|
|
HR0022 |
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LRB094 03555 RCE 36711 r |
|
|
1 |
| House amendment, to request that a conference
committee be |
2 |
| appointed, and to adopt a conference committee
report.
|
3 |
| (9) Legislative Digest. "Legislative Digest" means the
|
4 |
| Legislative Synopsis and Digest that is prepared by the
|
5 |
| Legislative Reference Bureau of the General Assembly.
|
6 |
| (10) Legislative Measures. "Legislative measures" |
7 |
| means
all matters brought before the House for |
8 |
| consideration,
whether originated in the House or Senate, |
9 |
| and includes
bills, amendments, resolutions, conference |
10 |
| committee reports,
motions, messages, notices, and |
11 |
| Executive Orders from the
executive branch.
|
12 |
| (11) Majority. "Majority" means a majority of those
|
13 |
| members present and voting on a question. Unless otherwise
|
14 |
| specified with respect to a particular House Rule, for
|
15 |
| purposes of determining the number of members present and
|
16 |
| voting on a question, a "present" vote shall not be |
17 |
| counted.
|
18 |
| (12) Majority Caucus. "Majority caucus" means that
|
19 |
| group of Representatives from the numerically strongest
|
20 |
| political party in the House.
|
21 |
| (13) Majority of those Appointed. "Majority of those
|
22 |
| appointed" means a majority of the total number of
|
23 |
| Representatives authorized under these Rules to be |
24 |
| appointed to a committee.
|
25 |
| (14) Majority of those Elected. "Majority of those
|
26 |
| elected" means a majority of the total number of
|
27 |
| Representatives entitled to be elected to the House,
|
28 |
| regardless of the number of elected or appointed
|
29 |
| Representatives actually serving in office. So long as 118
|
30 |
| Representatives are entitled to be elected to the House,
|
31 |
| "majority of those elected" means 60 affirmative votes;
71 |
32 |
| affirmative votes means three-fifths of the
members |
33 |
| elected; and 79 affirmative votes means two-thirds of the
|
34 |
| members elected.
|
35 |
| (15) Member. "Member" means a Representative. Where
|
36 |
| the context so requires, "member" may also mean a Senator |
|
|
|
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LRB094 03555 RCE 36711 r |
|
|
1 |
| of
the Illinois Senate.
|
2 |
| (16) Members Appointed. "Members appointed" means the
|
3 |
| total number of Representatives authorized under these |
4 |
| Rules to be appointed to
a committee.
|
5 |
| (17) Members Elected. "Members elected" means the 118
|
6 |
| Representatives entitled to be elected to the House,
|
7 |
| regardless of the number of elected or appointed
|
8 |
| Representatives actually serving in office.
|
9 |
| (18) Minority Caucus. "Minority caucus" means that
|
10 |
| group of Representatives from the second numerically
|
11 |
| strongest political party in the House.
|
12 |
| (19) Minority Leader. "Minority Leader" means the
|
13 |
| Minority Leader of the House elected under Rule 2.
|
14 |
| (20) Minority Spokesperson. "Minority spokesperson"
|
15 |
| means that Representative designated by the Minority |
16 |
| Leader
to serve as the minority spokesperson of a |
17 |
| committee.
|
18 |
| (21) Perfunctory Session. "Perfunctory session" means
|
19 |
| the convening of the House, pursuant to the scheduling of |
20 |
| the
Speaker, for purposes consistent with Rule 28.
|
21 |
| (22) Presiding Officer. "Presiding Officer" means that
|
22 |
| Representative serving as the presiding officer of the |
23 |
| House,
whether that Representative is the Speaker or |
24 |
| another
Representative designated by the Speaker under |
25 |
| Rule 4.
|
26 |
| (23) Principal Sponsor. "Principal sponsor" means the
|
27 |
| first listed House sponsor of any legislative measure; with
|
28 |
| respect to a standing committee-sponsored bill or |
29 |
| resolution, it means
the Chairperson of the committee; with |
30 |
| respect to a special committee-sponsored
bill or |
31 |
| resolution, it means the Co-Chairperson from the majority |
32 |
| caucus.
|
33 |
| (24) Record Vote. "Record vote" means a vote by ayes
|
34 |
| and nays entered on the journal.
|
35 |
| (25) Representative. "Representative" means any duly
|
36 |
| elected or duly appointed Illinois State Representative, |