Bill Summary – FastDemocracy

 State of Arkansas
 94th General Assembly
 Regular Session, 2023                                                          HR 1001
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 By: Representative M. Shepherd
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                                  HOUSE RESOLUTION
                TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES OF
                THE NINETY-FOURTH GENERAL ASSEMBLY.
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                                             Subtitle
                         TO ADOPT THE RULES OF THE HOUSE OF
                         REPRESENTATIVES OF THE NINETY-FOURTH
                         GENERAL ASSEMBLY.
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 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL
 ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       The Rules of the House of Representatives of the Ninety-
 Fourth General Assembly of the State of Arkansas are adopted to read as
 follows:
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                                             MEMBERS
        1.    Every representative shall be present within the House during the
 session of the House and every member shall be present at each committee
 meeting of which he or she is a member, unless excused or necessarily
 prevented.     It is the policy of the Arkansas General Assembly, as a term-
 limited body, to encourage legislators to learn as much as possible by
 attending meetings of committees of which they are not a member.          Prior
 signed and documented approval must be obtained from the chairperson of a
 committee for a visiting non-committee member to enjoy certain privileges
 offered to regular members.
        2.    For the purpose of seating in the House Chamber for an upcoming
 regular session of the General Assembly, the Speaker of the House, following
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 the November General Election, shall declare all House Chamber seats vacant
 and representatives and representatives-elect must select in the order of
 their seniority any seat not occupied after notification by the Chief Clerk
 of available seats.       Absence or failure to select a seat at the assigned
 selection time will automatically allow the Speaker to assign the member to
 his or her same seat if it is available or the member or member-elect to a
 seat selected by the Speaker.      The Chief Clerk shall furnish voting machine
 and desk keys.
          3.   When it is necessary for seniority of incoming members to be
 determined by lot, the Speaker of the House and the Speaker-designate of the
 House shall conduct a drawing by lots upon receiving certification from the
 Secretary of State of the election of membership to each General Assembly.
 Qualified and certified persons to be seated and officially receive the oath
 of office may do so only at a time and place prescribed by the House.        No
 person having resigned from public office as a provision to a plea agreement
 to avoid felony prosecution shall be seated or administered the oath of
 office.       Incoming members with previous legislative tenure shall be placed
 highest in seniority among the incoming members based upon previous terms of
 service.      Where an equivalence of full terms of service exists, seniority for
 those with equal terms shall be asserted by drawing lots to determine their
 numerical standing.
          4.   A majority of all representatives elected to the House shall be
 necessary to transact business.      When less than a quorum of House members
 shall assemble, those present shall be authorized to send for the absent
 representatives or adjourn.       Penalties may be decided by a majority of the
 representatives present. (Arkansas Constitution, Article 5, § 11)
          5.   Each representative is expected to vote on each question put before
 the House unless he or she has an immediate personal interest.
          6.   Any representative shall have the right to explain his/her vote on
 any bill or other question before the House, in writing.       Such explanation
 shall not be entered upon the Journal, but shall be filed with the Chief
 Clerk.
          7.   Every bill or resolution in the possession of the House or of any
 committee thereof shall be made available to any member for his/her
 examination.
          8.   No member at any time shall take from the House or any committee
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 any bill or other paper belonging to the House, without consent of the
 Speaker, subject to the will of the House.
      9.    It shall be the duty of each representative to know, practice and
 preserve Parliamentary Law.
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                                     THE SPEAKER
      10.   Selection.
      10.(a)    As used in this rule, the term “Speaker-designate” shall mean
 the member of the House of Representatives selected by the House of
 Representatives of each General Assembly held preceding the convening of the
 next-following regular session of the General Assembly, in the following
 manner:
      10.(a)(1)    A caucus of the entire House of Representatives shall be
 held fifteen (15) minutes following sine die adjournment of the fiscal
 session held in each even-numbered year, at which time the members of the
 House shall select by secret ballot a member of the House to be known as the
 Speaker-designate.    Each candidate for Speaker-designate shall be allowed
 fifteen (15) minutes to address the House before the ballot is taken.     All
 members are required to be present for the addresses and for the election.
 In the event a member is unable to attend, absentee ballots may be requested
 by a member for himself/herself from the Speaker's Office no sooner than
 twenty (20) calendar days prior to the scheduled election and must be
 completed and returned to the Speaker's Office no later than four p.m. (4:00
 p.m.) the day before the scheduled election. It is the intent of the
 Speaker’s office to accommodate any and all members for Speaker-designate
 voting, should a member have a documented emergency arise, the Speaker may
 direct staff to allow for absentee voting up to two (2) hours prior to the
 scheduled election.     Leave for absence shall be requested immediately before
 the time of the election.     The Speaker shall announce the name and number of
 votes received by the candidate who received at least a majority of the votes
 of the membership of the House.     Each candidate shall be entitled to verify
 the number of votes he or she received.
      10.(a)(2)   The candidate receiving a majority vote of the membership of
 the House of Representatives shall be declared the winner of such election
 for Speaker-designate of the House of Representatives of the next-following
 General Assembly.
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      10.(a)(3)     If no candidate receives a majority vote of the membership
 of the House of Representatives, the names of the two (2) candidates
 receiving the highest number of votes cast shall be placed on a run-off
 ballot and distributed among the membership of the House of Representatives
 in the same manner provided above.
      10.(a)(4)     If it is determined that the Speaker-designate will not
 serve as a member of the House of Representatives of the next-following
 General Assembly due to death, resignation, or failure to be a candidate for
 or to win reelection, a vacancy in the position of Speaker-designate shall
 exist and be filled at the caucus of the entire House of Representatives-
 elect held on the Friday of the week designated for the biennial Institute of
 Legislative Procedure (House Legislative Orientation), and the Speaker of the
 House of Representatives shall be elected upon convening of the next regular
 session.
      10.(a)(5)     It is the intent of this subsection that the Speaker-
 designate be the Speaker of the House of Representatives of the next-
 following General Assembly, subject to selection by the membership of the
 House upon convening of the regular session.
      10.(a)(6)     Petitions seeking pledge signatures of members of the House
 of Representatives for a particular candidate seeking selection as Speaker-
 designate shall not be circulated among the members of the House of
 Representatives.
      10.(b)   At the beginning of each session the members of the House of
 Representatives shall choose from its own membership a presiding officer
 designated as the Speaker of the House of Representatives.
      11.   Duties.    The duties of the Speaker of the House shall be to:
      11.(a)   Take the chair each day at the hour fixed on the preceding day
 at adjournment.    After the opening prayer and pledge of allegiance, he or she
 shall immediately call the members to order, and on the appearance of a
 quorum, cause the Journal of the preceding day to be read;
      11.(b)   Have control of the area set aside for use by the House and, in
 case of disturbance therein, shall have the authority to have the areas
 cleared.   He or she or his or her designee shall supervise and control the
 temporary employees while the legislature is in session and the permanent
 employees during the biennium (Arkansas Code 10-2-125 -- Employees and
 officers.);
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      11.(c)   Preserve order and decorum;
      11.(d)   Sign all acts, proceedings and orders of the House.   All writs,
 warrants and subpoenas issued by the House shall be signed and attested by
 him or her and the Clerk   (Joint Rules of the House of Representatives and
 the Senate, Rule 10; Arkansas Code, Title 21, Chapter 10 - Uniform Facsimile
 Signatures of Public Officials Act);
      11.(e)   Decide, with assistance of the Parliamentarian, all points of
 order, subject to appeal by any representative;
      11.(f)   Appoint and confirm all representatives to certain committees
 and to appoint and confirm committee chairpersons and vice chairpersons in
 accordance with the House Rules and Statutes;
      11.(g)   Assign all bills to their appropriate committee;
      11.(h)   The Speaker shall not be required to vote, but may do so at
 his/her discretion.   If the Speaker allows a substitute Speaker, neither the
 Speaker nor the substitute Speaker, if voting, shall be struck during the
 sounding of the ballot.
      11.(i)   State the question to the House before each vote is taken;
      11.(j)   Appoint, at the beginning of each session, a member of the
 House to serve as Speaker Pro Tempore.   The Speaker Pro Tempore shall serve
 during the absences of the Speaker and shall perform the Speaker’s duties.
 The Speaker Pro Tempore shall not serve more than ten (10) consecutive
 legislative days without the consent of the House, or beyond adjournment.
 The Speaker of the House may appoint four (4) Assistant Speakers Pro Tempore;
      11.(k)   Supervise and direct the preparation of the daily House
 calendar;
      11.(l)   Administer the Oath of Office to the Chief Clerk and the
 Parliamentarian at the beginning of each legislative session;
      11.(m)   Vacate the Speaker’s office by January 1 of the calendar year
 that a new General Assembly is to convene (odd-numbered years) so as to allow
 the Speaker-designate the privilege of the use of the office in preparation
 for the forthcoming General Assembly;
      11.(n)   Vacate the Speaker’s premises by December 15 in the even-
 numbered years; and
      11.(o)   Keep a permanent register of the seniority of the members of
 the House of Representatives.
      11.(p)   When either body shall request a conference, and appoint a
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 committee for that purpose, the other body shall also appoint a committee of
 equal number to confer, and such conference shall be held at any time and
 place agreed on by the chairpersons.
          11.(q)   Approve, by cosigning with either the Chief of Staff or the
 Coordinator of Legislative Services, the disbursement of all House funds.
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                                    CHIEF OF STAFF
          12.   The Chief of Staff shall be appointed by the Speaker with the
 approval of the House Management Committee.
          13.   The duties of the Chief of Staff shall be to:
          13.(a)   Oversee all facets of the daily operations of the House
 ensuring compliance with all Rules of the House, all local, state and federal
 laws, policies, regulations and policy statements;
          13.(b)   Act as travel supervisor or assign duty to designated staff;
          13.(c)   Act as purchasing agent or assign duty to designated staff;
          13.(d)   Coordinate preparation for General, Fiscal and Special Sessions
 of the House of Representatives; and
          13.(e)   Act as custodian of House properties.
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                          COORDINATOR OF LEGISLATIVE SERVICES
          14.   The Coordinator of House Legislative Services shall be appointed
 by the Speaker of the House with the approval of the House Management
 Committee.
          15.   The duties of the Coordinator of House Legislative Services shall
 be to:
          15.(a)   Coordinate and supervise the activities of the Chief Clerk,
 employees of the House Fiscal Office, and other temporary and permanent
 employees as assigned by the Chief of Staff;
          15.(b)   Keep or cause to be kept all fiscal accounts and records; and
          15.(c)   Report to the Chief of Staff.
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                                    THE CHIEF CLERK
          16.   The Chief Clerk shall be appointed by the Speaker, subject to
 confirmation by a majority vote of the membership of the House.
          17.   The duties of the Chief Clerk shall be to (Arkansas Code § 10-2-
 102):
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          17.(a)    Have custody of all bills, papers and records of the House and
 not to permit them to be taken out of his or her custody except by the
 provisions established in Rule 8 of the Rules of the House of
 Representatives.       Staff must sign a receipt for all bills taken from the
 Clerk;
          17.(b)    Keep the Journal of the proceedings of the House, and, under
 the direction of the Speaker, subject to the will of the House, correct
 errors in the Journal;
          17.(c)    Keep the necessary records for the House;
          17.(d)    Supervise the engrossment and enrollment of bills and to
 certify their passage, with the assistance of the appropriate committee
 (Joint Rules of the House of Representatives and the Senate, Rules 6 -- 9.);
          17.(e)    Transmit bills, other documents, and messages to the Senate, as
 required and secure a receipt thereof and to receive communications from the
 Senate and receipts of bills, documents and messages;
          17.(f)    Attend every session of the House, call or delegate the reading
 of the roll and the reading of all bills, resolutions and other papers as
 directed by the Speaker;
          17.(g)    Coordinate and supervise activities of temporary and permanent
 employees as assigned by the Chief of Staff;
          17.(h)    Be responsible for the distribution of all literature within
 the House Chamber and other House premises.       One copy of such literature
 which is distributed in the House Chamber and House premises must bear the
 signature of a representative authorizing distribution and the signed copy
 must be filed with the Chief Clerk; and
          17.(i)    The Secretary of the Senate and the Clerk of the House are
 authorized, subject to approval by the appropriate designated committee, to
 correct obvious errors occurring in documents originating in the House and
 the Senate respectively, provided that each such correction is noted on the
 bill jacket and is documented by a “correction note” at the end of the
 official daily Journal for the date on which the correction was made.
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                                      PARLIAMENTARIAN
          18.    The duties of the Parliamentarian shall be to:
          18.(a)    Convene the first session of the House at the time prescribed
 by law.        The Parliamentarian shall call the members to order, call the roll,
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 preserve order and decorum, and decide all questions of order subject to
 appeal by any representative pending the election of the Speaker.       The
 Parliamentarian of the previous House shall serve as the official
 Parliamentarian until the appointment of a new Parliamentarian.       In the
 absence of a Parliamentarian of the previous House, the Speaker