1 State of Arkansas
2 93rd General Assembly
3 Regular Session, 2021 HR 1001
5 By: Representative Shepherd
12 Subtitle
21 SECTION 1. The Rules of the House of Representatives of the Ninety-
22 Third General Assembly of the State of Arkansas are adopted to read as
23 follows:
26 1. Every representative shall be present within the House during the
27 session of the House and every member shall be present at each committee
28 meeting of which he/she he or she is a member, unless excused or necessarily
29 prevented. It is the policy of the Arkansas General Assembly, as a term-
30 limited body, to encourage legislators to learn as much as possible by
31 attending meetings of committees of which they are not a member. Prior
32 signed and documented approval must be obtained from the chairperson of a
33 committee for a visiting non-committee member to enjoy certain privileges
34 offered to regular members.
35 2. For the purpose of seating in the House Chamber for an upcoming
36 regular session of the General Assembly, the Speaker of the House, shall, on
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1 the first Friday following the November General Election, shall declare all
2 House Chamber seats vacant and representatives and representatives-elect must
3 select in the order of their seniority any seat not occupied after
4 notification by the Chief Clerk of available seats. Absence or failure to
5 select a seat at the assigned selection time will automatically allow the
6 Speaker to assign the member to his or her same seat if it is available or
7 the member or member-elect to a seat selected by the Speaker. Immediately
8 following the selection of a seat by a member or member-elect or assignment
9 of a seat by the Speaker, the member or member-elects signature or Speakers
10 signature is required. Following all seat selections or assignments, member
11 or member-elects signatures or the Speakers signature shall represent final
12 movement. The Chief Clerk shall furnish voting machine and desk keys.
13 3. When it is necessary for seniority of incoming members to be
14 determined by lot, the Speaker of the House and the Speaker-designate of the
15 House shall conduct a drawing by lots upon receiving certification from the
16 Secretary of State of the election of membership to each General Assembly.
17 Qualified and certified persons to be seated and officially receive the oath
18 of office may do so only at a time and place prescribed by the House. No
19 person having resigned from public office as a provision to a plea agreement
20 to avoid felony prosecution shall be seated or administered the oath of
21 office. Incoming members with previous legislative tenure shall be placed
22 highest in seniority among the incoming members based upon previous terms of
23 service. Where an equivalence of full terms of service exists, seniority for
24 those with equal terms shall be asserted by drawing lots to determine their
25 numerical standing.
26 4. A majority of all representatives elected to the House shall be
27 necessary to transact business. When less than a quorum of House members
28 shall assemble, those present shall be authorized to send for the absent
29 representatives or adjourn. Penalties may be decided by a majority of the
30 representatives present. (Art. 5, Sec. 11) (Arkansas Constitution, Article 5,
31 11)
32 5. Each representative is expected to vote on each question put before
33 the House unless he/she he or she has an immediate personal interest.
34 6. Any representative shall have the right to explain his/her vote on
35 any bill or other question before the House, in writing. Such explanation
36 shall not be entered upon the Journal, but shall be filed with the Chief
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1 Clerk.
2 7. Every bill or resolution in the possession of the House or of any
3 committee thereof shall be made available to any member for his/her
4 examination.
5 8. No member at any time shall take from the House or any committee
6 any bill or other paper belonging to the House, without consent of the
7 Speaker, subject to the will of the House.
8 9. It shall be the duty of each representative to know, practice and
9 preserve Parliamentary Law.
12 10. Selection.
13 10.(a) As used in this rule, the term Speaker-designate shall mean
14 the member of the House of Representatives selected by the House of
15 Representatives of each General Assembly held preceding the convening of the
16 next-following regular session of the General Assembly, in the following
17 manner:
18 10.(a)(1) A caucus of the entire House of Representatives shall be
19 held fifteen (15) minutes following sine die adjournment of the fiscal
20 session held in each even-numbered year, at which time the members of the
21 House shall select by secret ballot a member of the House to be known as the
22 Speaker-designate. Each candidate for Speaker-designate shall be allowed
23 fifteen (15) minutes to address the House before the ballot is taken. All
24 members are required to be present for the addresses and for the election.
25 In the event a member is unable to attend, absentee ballots may be requested
26 by a member for himself/herself from the Speaker's Office no sooner than
27 twenty (20) calendar days prior to the scheduled election and must be
28 completed and returned to the Speaker's Office no later than four p.m. (4:00
29 p.m.) the day before the scheduled election. It is the intent of the
30 Speakers office to accommodate any and all members for Speaker-designate
31 voting, should a member have a documented emergency arise, the Speaker may
32 direct staff to allow for absentee voting up to two (2) hours prior to the
33 scheduled election. Leave for absence shall be requested immediately before
34 the time of the election. The Speaker shall announce the name and number of
35 votes received by the candidate who received at least a majority of the votes
36 of the membership of the House. Each candidate shall be entitled to verify
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1 the number of votes he or she received.
2 10.(a)(2) The candidate receiving a majority vote of the membership of
3 the House of Representatives shall be declared the winner of such election
4 for Speaker-designate of the House of Representatives of the next-following
5 General Assembly.
6 10.(a)(3) If no candidate receives a majority vote of the membership
7 of the House of Representatives, the names of the two (2) candidates
8 receiving the highest number of votes cast shall be placed on a run-off
9 ballot and distributed among the membership of the House of Representatives
10 in the same manner provided above.
11 10.(a)(4) If it is determined that the Speaker-designate will not
12 serve as a member of the House of Representatives of the next-following
13 General Assembly due to death, resignation, or failure to be a candidate for
14 or to win reelection, a vacancy in the position of Speaker-designate shall
15 exist and be filled at the caucus of the entire House of Representatives-
16 elect held on the Friday of the week designated for the biennial Institute of
17 Legislative Procedure (House Legislative Orientation), and the Speaker of the
18 House of Representatives shall be elected upon convening of the next regular
19 session.
20 10.(a)(5) It is the intent of this subsection that the Speaker-
21 designate be the Speaker of the House of Representatives of the next-
22 following General Assembly, subject to selection by the membership of the
23 House upon convening of the regular session.
24 10.(a)(6) Petitions seeking pledge signatures of members of the House
25 of Representatives for a particular candidate seeking selection as Speaker-
26 designate shall not be circulated among the members of the House of
27 Representatives.
28 10.(b) At the beginning of each session the members of the House of
29 Representatives shall choose from its own membership a presiding officer
30 designated as the Speaker of the House of Representatives.
31 11. Duties. The duties of the Speaker of the House shall be to:
32 11.(a) Take the chair each day at the hour fixed on the preceding day
33 at adjournment. After the opening prayer and pledge of allegiance, he/she he
34 or she shall immediately call the members to order, and on the appearance of
35 a quorum, cause the Journal of the preceding day to be read;
36 11.(b) Have control of the area set aside for use by the House and, in
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1 case of disturbance therein, shall have the authority to have the areas
2 cleared. He/she He or she or his/her his or her designee shall supervise and
3 control the temporary employees while the legislature is in session and the
4 permanent employees during the biennium (A.C.A. 10-2-125 -- Employees of the
5 House of Representatives) (Arkansas Code 10-2-125 -- Employees and
6 officers.);
7 11.(c) Preserve order and decorum;
8 11.(d) Sign all acts, proceedings and orders of the House. All writs,
9 warrants and subpoenas issued by the House shall be signed and attested by
10 him/her him or her and the Clerk (J.R. 10; A.C.A. 21-10-101 thru 21-10-108)
11 (Joint Rules of the House of Representatives and the Senate, Rule 10;
12 Arkansas Code, Title 21, Chapter 10 - Uniform Facsimile Signatures of Public
13 Officials Act);
14 11.(e) Decide, with assistance of the Parliamentarian, all points of
15 order, subject to appeal by any representative;
16 11.(f) Appoint and confirm all representatives to certain committees
17 and to appoint and confirm committee chairpersons and vice chairpersons in
18 accordance with the House Rules and Statutes. In making appointments, the
19 Speaker shall consider the political composition and the geographic and
20 demographic diversity of the House; the skills, expertise, personal
21 preferences, and seniority of individual appointees; and he or she shall in
22 good faith consult with the minority and majority party leadership before
23 making such appointments;
24 11.(g) Assign all bills to their appropriate committee;
25 11.(h) The Speaker shall not be required to vote, but may do so at
26 his/her discretion. If the Speaker allows a substitute Speaker, neither the
27 Speaker nor the substitute Speaker, if voting, shall be struck during the
28 sounding of the ballot.
29 11.(i) State the question to the House before each vote is taken;
30 11.(j) Appoint, at the beginning of each session, a member of the
31 House to serve as Speaker Pro Tempore. The Speaker Pro Tempore shall serve
32 during the absences of the Speaker and shall perform the Speakers duties.
33 The Speaker Pro Tempore shall not serve more than ten (10) consecutive
34 legislative days without the consent of the House, or beyond adjournment.
35 The Speaker of the House may appoint four (4) Assistant Speakers Pro Tempore;
36 11.(k) Supervise and direct the preparation of the daily House
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1 calendar;
2 11.(l) Administer the Oath of Office to the Chief Clerk and the
3 Parliamentarian at the beginning of each legislative session;
4 11.(m) Vacate the Speakers office by January 1 of the calendar year
5 that a new General Assembly is to convene (odd-numbered years) so as to allow
6 the Speaker-designate the privilege of the use of the office in preparation
7 for the forthcoming General Assembly;
8 11.(n) Vacate the Speakers premises by December 15 in the even-
9 numbered years; and
10 11.(o) Keep a permanent register of the seniority of the members of
11 the House of Representatives.
12 11.(p) When either body shall request a conference, and appoint a
13 committee for that purpose, the other body shall also appoint a committee of
14 equal number to confer, and such conference shall be held at any time and
15 place agreed on by the chairpersons.
16 11.(q) Approve, by cosigning with either the Chief of Staff or the
17 Coordinator of Legislative Services, the disbursement of all House funds.
20 12. The Chief of Staff shall be appointed by the Speaker with the
21 approval of the House Management Committee.
22 13. The duties of the Chief of Staff shall be to:
23 13.(a) Oversee all facets of the daily operations of the House
24 ensuring compliance with all Rules of the House, all local, state and federal
25 laws, policies, regulations and policy statements;
26 13.(b) Act as travel supervisor or assign duty to designated staff;
27 13.(c) Act as purchasing agent or assign duty to designated staff;
28 13.(d) Coordinate preparation for General, Fiscal and Special Sessions
29 of the House of Representatives; and
30 13.(e) Act as custodian of House properties.
33 14. The Coordinator of House Legislative Services shall be appointed
34 by the Speaker of the House with the approval of the House Management
35 Committee.
36 15. The duties of the Coordinator of House Legislative Services shall
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1 be to:
2 15.(a) Coordinate and supervise the activities of the Chief Clerk,
3 employees of the House Fiscal Office, and other temporary and permanent
4 employees as assigned by the Chief of Staff;
5 15.(b) Keep or cause to be kept all fiscal accounts and records; and
6 15.(c) Report to the Chief of Staff.
9 16. The Chief Clerk shall be appointed by the Speaker-designate by
10 November 1 of the even-numbered years, subject to confirmation by a majority
11 vote of the membership of the House.
12 17. The duties of the Chief Clerk shall be to (A.C.A. Arkansas Code
13 10-2-102):
14 17.(a) Have custody of all bills, papers and records of the House and
15 not to permit them to be taken out of his/her his or her custody except by
16 the provisions established in House Rule #8 Rule 8 of the Rules of the House
17 of Representatives. Staff must sign a receipt for all bills taken from the
18 Clerk;
19 17.(b) Keep the Journal of the proceedings of the House, and, under
20 the direction of the Speaker, subject to the will of the House, correct
21 errors in the Journal;
22 17.(c) Keep the necessary records for the House;
23 17.(d) Supervise the engrossment and enrollment of bills and to
24 certify their passage, with the assistance of the appropriate committee (J.R.
25 6 thru 9) (Joint Rules of the House of Representatives and the Senate,
26 Rules 6 -- 9.);
27 17.(e) Transmit bills, other documents, and messages to the Senate, as
28 required and secure a receipt thereof and to receive communications from the
29 Senate and receipts of bills, documents and messages;
30 17.(f) Attend every session of the House, call or delegate the reading
31 of the roll and the reading of all bills, resolutions and other papers as
32 directed by the Speaker;
33 17.(g) Coordinate and supervise activities of temporary and permanent
34 employees as assigned by the Chief of Staff;
35 17.(h) Be responsible for the distribution of all literature within
36 the House Chamber and other House premises. One copy of such literature
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1 which is distributed in the House Chamber and House premises must bear the
2 signature of a representative authorizing distribution and the signed copy
3 must be filed with the Chief Clerk; and
4 17.(i) The Secretary of the Senate and the Clerk of the House are
5 authorized, subject to approval by the appropriat