PART 5 - PROCEEDINGS AND DEBATES
Rule 501. Order of business. After reading
of the journal, the following is the order of business:
- 1st. Senate papers;
- 2nd. Messages and documents from the Senate, the executive, heads of departments and others;
- 3rd. Reception of petitions, bills and resolves requiring
reference to any committee;
- 4th. Orders;
- 5th. Expressions of legislative sentiment - Special sentiment
calendar;
- 6th. Reports of committees and first reading of accompanying
bills and resolves;
- 7th. Consent calendar - First Day;
- 8th. Consent calendar - Second Day;
- 9th. Bills and resolves reported by the Committee on Bills
in the Second Reading and on their passage to be engrossed;
- 10th. Bills on their passage to be enacted; and
- 11th. Orders of the day.
A paper may not be taken up out of its regular order. Business
may not be transacted in the House after the hour of 9:00 p.m.
Rule 502. Unfinished business. The unfinished
business of the House at the time of the last adjournment has
preference in the orders of the day and continues to be among
the orders of the day for each succeeding day until action on
it is completed.
Rule 503. Motions and concurrence. The following
rules apply to motions and questions of concurrence with the Senate.
- A. When a question is under debate, a motion may not be received,
except a motion:
- 1st. To adjourn;
- 2nd. To table unassigned;
- 3rd. For the previous question;
- 4th. To commit;
- 5th. To table to a day certain;
- 6th. To amend; or
- 7th. To postpone indefinitely.
These motions have precedence in the order in which they are arranged.
A motion to adjourn must be decided without debate.
- B. Questions of concurrence with the Senate have precedence
in the following order:
- 1st. To recede;
- 2nd. To concur;
- 3rd. To insist; or
- 4th. To adhere.
Rule 504. Previous question. When a motion
for the previous question is made, the consent of one third of
the members present is necessary to authorize the Speaker to entertain
the motion. Debate is not allowed until the matter of consent
is determined. The previous question must be submitted in the
following words: Shall the main question be put now? A member
may not speak more than 5 minutes on the motion for the previous
question. A call for the yeas and nays or for division of a question
is in order after the main question has been ordered to be put.
After the adoption of the previous question, the vote must be
taken upon amendments and then upon the main question.
Rule 505. Consideration of business. In
filling blanks and assigning times for the consideration of business,
the longest time must be put first.
Rule 506. Germane amendments. An amendment
must be germane to the proposition under consideration.
Rule 507. Printing and distribution of amendments.
An amendment to a bill or resolve may not be acted upon by the
House until the same has been printed and distributed to the members
under the direction of the Clerk, unless the same bears the recommendation
of the Committee on Rules and Business of the House that such
printing be dispensed with; and any amendment not so printed or
bearing such recommendation must lie on the table until printed
or until the Committee has recommended that such printing be dispensed
with. All amendments filed with the Clerk for printing must bear
the signature of the member filing the same.
A House amendment that strikes and replaces in total a committee amendment is not properly before the House.
Rule 508. Withdrawal of motion, order or amendment.
A motion, order or amendment may be withdrawn by a sponsor only
prior to a vote, except that a motion to reconsider may be withdrawn
only with consent of the House.
Rule 509. Process when declared vote doubted.
When a vote declared by the Speaker is doubted, the members
for and against the question, when called on by the Speaker, shall
vote again without further debate.
Rule 510. Yeas and nays. A call for the
yeas and nays is in order at any time before a vote is made certain
and declared.
Rule 511. Motion to reconsider. When a motion
has been made and carried in the affirmative or negative, it is
in order for any member who voted with the prevailing side, or
in the negative on a tie vote, to move to reconsider on the same
or succeeding day. A motion to reconsider may not be tabled unassigned.
A motion to reconsider is not in order more than once on the same
question. When a member moves or gives notice of the member's
intention to move a reconsideration of any vote, the papers to
which the motion relates must remain in possession of the Clerk
until the question of reconsideration has been decided, or the
right to move such a question is lost. Notwithstanding the provisions of this rule, any member may move for reconsideration of a committee reference on the floor. A majority vote is necessary to overturn the original committee of reference.
Rule 512. Elections. In all elections by
ballot of the House a time must be assigned for the election at
least one day prior to the election.
Rule 513. Opinion of justices. A proposition
to require the opinion of the justices of the Supreme Judicial
Court, as provided by the Constitution, may not be acted upon
until the next day after the proposition is made.
Rule 514. Signature required. All petitions,
memorials and other papers addressed to the House, and all bills
and resolves to be introduced in the House, must bear the signature
of the member or member-elect presenting them.
Rule 515. Second reading. All bills and
resolves in their Second Reading must be committed to the standing
Committee on Bills in the Second Reading to be examined and corrected.
The Revisor of Statutes is the clerk of the Committee on Bills
in the Second Reading.
Rule 516. Two several readings. A bill may
not pass to be engrossed until the bill has had 2 several readings;
the House shall assign the time for the second reading. Every
resolve that requires the approval of the Governor must have 2
several readings.
Rule 517. Engrossed bills. All engrossed
bills and resolves must be committed to the standing Committee
on Engrossed Bills to be strictly examined; if found by the committee
to be truly and strictly engrossed, the committee shall so report
to the House, and the question must be taken without any further
reading. The Speaker of the House may order any bill or resolve to be engrossed upon its introduction to the House.
Rule 518. Report by committee. A bill or
resolve must be reported by a committee.
Rule 519. Special consent calendar. A bill
or resolve that bears a unanimous Ought to Pass or Ought to Pass
as Amended report by the committee to which it has been referred,
upon notification to the House, must, without further action,
be placed by the Clerk upon the special consent calendar and remain
there for 2 legislative days; the bill or resolve, at the termination
of these 2 days, is considered as passed to be engrossed. Upon
objection of any member to the placement or retention of any bill
or resolve on the consent calendar, that bill or resolve ceases
to be a consent calendar bill. If a bill or resolve is taken from
the special consent calendar, the first order of business with
respect to the bill or resolve must be whether to accept the committee
report.
Any expression of legislative sentiment must be placed by the
Clerk upon a special consent calendar and remain there for one
legislative day. At the end of the legislative day the legislative
sentiment is considered passed or adopted. Upon objection of any
member to the placement or retention of such an expression on
the consent calendar, the legislative sentiment must be removed
and the question before the House is passage or adoption.
Rule 520. Notice to House. The Speaker shall
give the House notice before an engrossed bill or resolve may
be sent to the Senate.
Rule 521. Veto. When a bill or resolve is
returned by the Governor with objections, the question must be
stated by the Chair: Shall this bill become a law notwithstanding
the objections of the Governor? and the same in substance in the
case of a resolve. The question may be postponed to a day within
the session, not exceeding one week. No other question may apply
to bills and resolves originating in either branch.
When a bill or resolve is returned by the Governor with any dollar
amount disapproved pursuant to the Governor's line-item veto power,
the House shall act upon the disapproved item or items within
5 days of receiving the bill or resolve from the Governor.
Rule 522. Rules of parliamentary practice.
The rules of parliamentary practice comprised in Mason's Rules
govern the House in all cases in which they are applicable and
in which they are not inconsistent with the standing rules and
orders of the House and the joint rules of the Senate and House
of Representatives. In the event that Mason's Rules do not cover
the parliamentary practice in question, then Reed's Rules govern.
If neither Mason's Rules nor Reed's Rules cover the parliamentary
practice in question, the rules of any other standard authority
may be applied.
Rule 523. Dispensation of rule or order. A
rule or order of the House may not be dispensed with unless two
thirds of the members present consent to the dispensation.
Rule 524. Amendment, adoption or repeal of rule
or order. A rule or order of the House may not be altered
or repealed, nor may any new standing rule or order be adopted,
unless one day's previous notice is given in each case. The notice
must be entered on the journal. Notwithstanding this rule and
Rule 523, after the convening of the First Regular Session, and
before the fourth Friday in January in odd years, any amendment
to the House Rules proposed by a House Order may be adopted by
a majority vote in the House. If the amendment has already failed
to be adopted during that session, it may only be adopted if,
upon reconsideration, it receives the approval of two thirds of
the members present in the House.
Rule 525. Penobscot Nation and Passamaquoddy
Tribe. The member of the Penobscot Nation, the member of the Houlton Band of Maliseet Indians and the member of
the Passamaquoddy Tribe elected or appointed to represent their people at the
biennial session of the Legislature must be granted seats on the
floor of the House of Representatives; be granted, by consent
of the Speaker, the privilege of speaking on pending legislation;
must be appointed to sit with joint standing committees as nonvoting
members during the committees' deliberations; and be granted such
other rights and privileges as may from time to time be voted
by the House of Representatives. In reports from committees on which a tribal member serves, the position of the member must be noted and included. The names of the member of the Penobscot Nation, the member of the Houlton Band of Maliseet Indians and the member of the Passamaquoddy Tribe elected or appointed to represent their people at the biennial session of the Legislature must be included on the roll call board for purposes of electronically recording their attendance only.
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