4-61. Rules Committees. Committee Procedures

Transcription

1 Committee Procedures 4-61 Rules Committees The parliamentary rules and procedures that govern each assembly lie at the heart of the legislative process. Legislative rules provide order, allow for the reasonable management of deliberations and debate, and ensure internal accountability. table rules protect the rights of both majority and minority members. ecause parliamentary procedures are vital to the legislative process, it is common for chambers to create a committee whose jurisdiction covers legislative rules. More than 70 percent of legislative assemblies reported having rules committees. Only the following chambers responded that they did not. Colorado ouse Connecticut enate and ouse Louisiana enate and ouse Michigan ouse Nevada enate and Assembly New Mexico ouse Texas enate Make-up of a rules committee. Committee chairs generally are appointed by a designated authority such as the presiding officer of the senate or house, another chamber leader or a committee on committees. In 36 legislative chambers, rules committees are no exception to this practice, and an appointed legislator serves as the head of the committee. In another third of the chambers, however, a legislative leader is designated to fill this position. Table illustrates who acts as the rules committee chair. There can be no committee without members. Table highlights who selects lawmakers to serve on rules committees. In about half the legislative assemblies, the presiding officer appoints the rules committee members. In 13 chambers, another legislative leader makes the selections. eniority systems are used by the senates in Arkansas, Idaho and Minnesota. ometimes, all or part of the rules committee membership is set by statute or chamber rule; this is true in six legislative bodies. The number of members serving on rules committees is shown in Table This make-up may be affected if membership must be proportional that is, the percentage of majority and minority members serving on the committee is approximately equal to the percentage of the full body that each party controls. National Conference of tate Legislatures

2 4-62 Inside the Legislative Process The following chambers require proportional representation on the rules committee. Alaska enate and ouse Arizona ouse Delaware ouse Idaho enate and ouse Illinois enate and ouse Indiana ouse Kentucky enate Maine ouse Michigan enate Minnesota enate Missouri enate and ouse Montana enate and ouse New ampshire enate and ouse New Mexico enate New York Assembly North Dakota enate and ouse Ohio enate and ouse Oklahoma ouse Oregon enate Pennsylvania enate outh Dakota enate and ouse Tennessee enate and ouse Washington enate and ouse West Virginia ouse Wisconsin enate American amoa ouse Puerto Rico enate Powers and duties of rules committees. Tables and illustrate the powers and duties assigned to rules committees. As the name implies, chamber rules often fall within the committee jurisdiction. The committee writes the rules in 43 chambers and deals with proposed amendments in 53 legislative assemblies. In 12 bodies, the committee makes rulings on questions of parliamentary procedure. Often, the duties of the rules committee reach far beyond rules and procedure. For example, 22 legislative assemblies responded that their rules committees are responsible for investigating ethics or harassment charges. In seven chambers, the committee issues opinions regarding lobbying regulations. The rules committees of the California enate, Iowa ouse, Minnesota enate and ouse, Ohio enate, Pennsylvania ouse, Rhode Island ouse, Virginia enate, West Virginia enate and Wisconsin enate oversee their respective chamber s budgets. Legislative employees fall under rules committee jurisdiction in the California enate, Iowa ouse, Minnesota enate and ouse, Rhode Island ouse, Virginia enate, West Virginia enate, Wisconsin enate and American amoa ouse. More than half the legislative chambers require the rules committee to provide notice of meetings. In the Alaska enate and ouse and the Pennsylvania ouse, the rules committee provides notice only for substantive hearings such as when bills are considered. National Conference of tate Legislatures

3 Committee Procedures 4-63 eventeen chambers do not require meeting notices from their rules committees; they are: Alabama enate and ouse Arizona enate awaii ouse Indiana enate Maine ouse New Mexico enate New York Assembly Oklahoma enate and ouse Utah enate Virginia ouse Washington enate and ouse Wisconsin Assembly Wyoming enate and ouse National Conference of tate Legislatures

4 4-64 Inside the Legislative Process Table Who erves as Rules Committee Chair tate (1) President of the senate enate president pro tem peaker of the house ouse speaker pro tem Majority leader Appointed legislator Alabama Alaska Arizona Arkansas 2 California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana National Conference of tate Legislatures

5 Committee Procedures 4-65 Table Who erves as Rules Committee Chair, cont d. tate (1) President of the senate enate president pro tem peaker of the house ouse speaker pro tem Majority leader Appointed legislator Nebraska 3 Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota 4 Ohio Oklahoma Oregon Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico National Conference of tate Legislatures

6 4-66 Inside the Legislative Process Table Who erves as Rules Committee Chair, cont d. Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Delaware enate, awaii enate, Iowa enate, Kentucky ouse, Maine enate, Massachusetts enate and ouse, Mississippi enate and ouse, New York enate, North Carolina enate, Oregon ouse, Rhode Island enate, outh Carolina enate, Vermont ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico ouse and Virgin Islands enate and ouse. 2. Arkansas enate: A seniority system is used to select the rules committee chair. 3. Nebraska Legislature: The rules committee chair is elected by the full body. 4. North Dakota enate: The assistant majority leader of the enate serves as the rules committee chair. National Conference of tate Legislatures

7 Committee Procedures 4-67 Table Who Appoints Rules Committee Members tate (1) Lieutenant governor President of the senate peaker of the house President or speaker pro tem Majority leader Committee on committees Caucus vote Election by body Use seniority system All or some members are set by statute or rule Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois 2 Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana National Conference of tate Legislatures

8 4-68 Inside the Legislative Process Table Who Appoints Rules Committee Members, cont d. tate (1) Lieutenant governor President of the senate peaker of the house President or speaker pro tem Majority leader Committee on committees Caucus vote Election by body Use seniority system All or some members are set by statute or rule Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania 3 Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico National Conference of tate Legislatures

9 Committee Procedures 4-69 Table Who Appoints Rules Committee Members, cont d. Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Delaware enate, awaii enate, Iowa enate, Kentucky ouse, Maine enate, Massachusetts enate and ouse, Mississippi enate and ouse, New York enate, North Carolina enate, Oregon ouse, Rhode Island enate, outh Carolina enate, Vermont ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico ouse and Virgin Islands enate and ouse. 2. Illinois enate and ouse: The president of the enate or speaker of the ouse select the majority party members. The enate or ouse minority leader chooses minority party members. 3. Pennsylvania ouse: The ouse rules specify seven members of the rules committee by virtue of offices held; of the remaining 12 members, seven are appointed by the speaker and five by the minority leader. National Conference of tate Legislatures

10 4-70 Inside the Legislative Process Table Number of Rules Committee Members enate ouse tate (1) Number from majority party Number from minority party Number from majority party Number from minority party Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware 3 2 Florida 14 8 Georgia awaii Idaho Illinois Indiana 5 3 Iowa 8 6 Kansas Kentucky 5 4 Louisiana Maine 3 2 Maryland Massachusetts Michigan 3 2 Minnesota Mississippi Missouri Montana National Conference of tate Legislatures

11 Committee Procedures 4-71 Table Number of Rules Committee Members, cont d. enate ouse tate (1) Number from majority party Number from minority party Number from majority party Number from minority party Nebraska 6 Nevada New ampshire New Jersey 6 3 New Mexico 5 3 New York North Carolina 12 2 North Dakota Ohio Oklahoma 3 2 Oregon 3 2 Pennsylvania Rhode Island 12 5 outh Carolina 12 3 outh Dakota Tennessee Texas 7 4 Utah Vermont 3 2 Virginia Washington West Virginia 7 3 Wisconsin Wyoming American amoa 9 0 Puerto Rico 3 2 National Conference of tate Legislatures

12 4-72 Inside the Legislative Process Table Number of Rules Committee Members, cont d. Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Delaware enate, awaii enate, Iowa enate, Kentucky ouse, Maine enate, Massachusetts enate and ouse, Mississippi enate and ouse, New York enate, North Carolina enate, Oregon ouse, Rhode Island enate, outh Carolina enate, Vermont ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico ouse and Virgin Islands enate and ouse. National Conference of tate Legislatures

13 Committee Procedures 4-73 Table Powers of Rules Committees tate (1) Writes chamber rules ears or reports proposed amendments to rules Rules on questions of parliamentary procedure Appoints committee chairs Appoints committee members Establishes a general committee schedule Refers bills to committee ets the daily floor calendar ets the consent calendar ets any special calendars upervises the engrossing or enrolling of bills upervises journal production Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana National Conference of tate Legislatures

14 4-74 Inside the Legislative Process Table Powers of Rules Committees, cont d. tate (1) Writes chamber rules ears or reports proposed amendments to rules Rules on questions of parliamentary procedure Appoints committee chairs Appoints committee members Establishes a general committee schedule Refers bills to committee ets the daily floor calendar ets the consent calendar ets any special calendars upervises the engrossing or enrolling of bills upervises journal production Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico National Conference of tate Legislatures

15 Committee Procedures 4-75 Table Powers of Rules Committees, cont d. Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Delaware enate, awaii enate, Iowa enate, Kentucky ouse, Maine enate, Massachusetts enate and ouse, Mississippi enate and ouse, New York enate, North Carolina enate, Oregon ouse, Rhode Island enate, outh Carolina enate, Vermont ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico ouse and Virgin Islands enate and ouse. National Conference of tate Legislatures

16 4-76 Inside the Legislative Process Table More Powers of Rules Committees tate (1) Deals with gubernatorial appointments Deals with all personal or congratulatory resolutions Investigates any ethics or harassment charges Issues opinions on lobbying rules and activities Authorizes subpoenas, summons, writs, etc. Oversees chamber budget Oversees chamber office space Oversees parking for members and staff as jurisdiction over legislative employees Is authorized to meet while the chamber is in floor session Alabama Alaska Arizona 2 Arkansas California Colorado Connecticut Delaware Florida Georgia 3 awaii Idaho Illinois 4 Indiana Iowa Kansas Kentucky Louisiana Maine 5 Maryland Massachusetts Michigan 6 Minnesota Mississippi Missouri Montana National Conference of tate Legislatures

17 Committee Procedures 4-77 Table More Powers of Rules Committees, cont d. tate (1) Deals with gubernatorial appointments Deals with all personal or congratulatory resolutions Investigates any ethics or harassment charges Issues opinions on lobbying rules and activities Authorizes subpoenas, summons, writs, etc. Oversees chamber budget Oversees chamber office space Oversees parking for members and staff as jurisdiction over legislative employees Is authorized to meet while the chamber is in floor session Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio 7 Oklahoma Oregon Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah 8 Vermont Virginia 9 Washington West Virginia Wisconsin 10 Wyoming American amoa Puerto Rico National Conference of tate Legislatures

18 4-78 Inside the Legislative Process Table More Powers of Rules Committees, cont d. Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Delaware enate, awaii enate, Iowa enate, Kentucky ouse, Maine enate, Massachusetts enate and ouse, Mississippi enate and ouse, New York enate, North Carolina enate, Oregon ouse, Rhode Island enate, outh Carolina enate, Vermont ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico ouse and Virgin Islands enate and ouse. 2. Arizona enate and ouse: oth rules committees review all legislation for constitutionality and proper form. 3. Georgia ouse: The committee also deals with all contests to the seating of any person elected as a member and oversees the admittance of guests to the floor. 4. Illinois enate: The rules committee considers or refers all floor amendments, joint action motions and conference committee reports. 5. Maine ouse: The committee handles any business referred to it by the chamber. 6. Michigan enate: The committee issues opinions concerning the rules on legislative conduct and ethics and deals with any resolutions that are not personal or congratulatory in nature. 7. Ohio enate: The rules committee considers resolutions proposing the creation of special investigatory committees and deals with complaints against press or media representatives. 8. Utah ouse: The committee proposes bill referrals to the speaker. 9. Virginia enate and ouse: oth committees deal with resolutions establishing studies. In addition, the enate rules committee issues advisory opinions pertaining to conflict of interest, hears all questions concerning bill referrals, deals with any matters concerning the enate clerk s office and handles matters related to the news media. 10. Wisconsin Assembly: The rules committee has the power to introduce bills during special, extended or extraordinary sessions. National Conference of tate Legislatures