RULES

OF THE

ARIZONA HOUSE OF REPRESENTATIVES

49th LEGISLATURE

2009-2010

state seal

RULES

OF THE

ARIZONA HOUSE OF REPRESENTATIVES

49th LEGISLATURE

Rule 1- Members

Rule 20 - Protest

Rule 2 - Annual Sessions

Rule 21 - Motions

Rule 3 - Officers and Employees

Rule 22 - Previous Question

Rule 4 - The Speaker

Rule 23 -Postponement

Rule 5 - The Chief Clerk

Rule 24 - Reconsideration

Rule 6 - Roll Call, Quorum, Call of the House

Rule 25 - Division of Question

Rule 7 - Order of Business, Substitution of Senate Bills for House Bills

Rule 26 - Privilege of the House, Personal Privilege

Rule 8 - Bills, Resolutions, Memorials, Engrossed Copies, Amendments

Rule 27 - Petitions, Memorials and Other Communications

Rule 9 - Committees

Rule 28 - Order on the Floor, Privilege of the Floor, Main Gallery, Press Gallery

Rule 10 - Reports of Committees

Rule 29 - The Journal

Rule 11- Calendars

Rule 30 - Parliamentary Practice and Precedence

Rule 12 - Committee of the Whole

Rule 31 - Executive Session

Rule 13 - Sitting as in Committee of the Whole

Rule 32 - Suspension or Amendment of the Rules

Rule 14 - Voting

Rule 33 - Agendas, Calendars and Notice of Meetings

Rule 15 - Electric Roll Call System

Rule 34 - Code of Ethics

Rule 16 - Motion to Amend, Germaneness

Rule 35 - Personal Financial Interest

Rule 17 - Senate Amendments, Conference Committees, Conference Reports, Final Passage

Rule 36 - Political Party Caucuses

Rule 18 - Decorum and Debate

Rule 37 - Discharge of Committees

Rule 19 - Impermissible Debate

RULES
OF THE
ARIZONA HOUSE OF REPRESENTATIVES

49th LEGISLATURE

2009-2010

 

RULE 1

MEMBERS

A. The House may punish its members for disorderly behavior and may, with the concurrence of two-thirds of the members elected to the House, expel any member (Arizona Constitution, Article IV, Part 2, Section 11). A violation of any of the House Rules shall be deemed disorderly behavior. When a roll call vote is ordered on the floor of the House and subject to the provisions of Rules 6 and 14, members are required to vote after a reasonable time, as determined by the Chair, and may be punished for disorderly conduct if the member fails to vote after a reasonable time.


B. When any member shall be guilty of a breach of any of the Rules and Orders of the House, and the House has determined that he has so transgressed; he shall not be permitted to vote or speak, except by way of excuse for the same, until he has made satisfaction.


C. Any member having obtained leave of absence and having in his possession papers relative to business before the House shall leave same with the Chief Clerk.

 

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RULE 2

ANNUAL SESSIONS

A. Except as provided herein, regular sessions shall be adjourned sine die no later than Saturday of the week in which the one hundredth day from the beginning of each regular session falls. The Speaker may by declaration authorize the extension of the session for a period not to exceed seven additional days. Thereafter the session can be extended only by a majority vote of the House.

B. If not considered in the regular session, the general appropriations bill, the general capital outlay bill and the university capital outlay bill may be considered each year in a special session which shall be called only for that purpose. 

 

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RULE 3

OFFICERS AND EMPLOYEES

A. The House shall elect as an officer of the House a Speaker, and shall elect a Chief Clerk and such other employees as the House directs.

B. All House employees shall be under the immediate direction of the Speaker of the House, who shall have the power to designate the person who shall be in immediate supervision of the different departments.

C. Employment, compensation and termination of personnel shall be determined by the Speaker.

D. Employees of the House are prohibited from lobbying during the term of their employment, and a violation of this Rule will be sufficient cause for the summary discharge of the offending employee.

E. No person shall be employed as a House employee who is an agent for the prosecution of any claim against the state or who is interested in such claim otherwise than as an original claimant and it shall be the duty of the Speaker to report to the House any violation of this Rule.

 

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RULE 4

THE SPEAKER

A. The Speaker shall take the Chair at the hour to which the House shall have adjourned; immediately call the members to order; cause the roll to be called; and, if a quorum be present, cause the Journal of the proceedings of the last day's sitting to be read, if requested by a majority of the members elected to the House.

B. The Speaker shall preserve order and decorum; decide all points of order subject to an appeal to the House, on which appeal no member shall speak more than once, except by permission of the House; may speak to points of order in preference to other members; and may vote in all cases except to determine his own rulings.

C. The Speaker shall sign all bills, resolutions, memorials, addresses, writs, warrants and subpoenas issued by order of the House.

D. At each session the Speaker shall announce the Order of Business in conformity with Rule 7.

E. The Speaker may appoint a member as Speaker Pro Tempore to perform the duties of the Speaker. In his omission to make such appointment, the House shall proceed to elect a Speaker Pro Tempore to act during the Speaker's absence.

F. The Speaker shall have the general control of the House Chamber and the corridors, passages and committee, hearing and staff rooms of the House of Representatives and all other matters which pertain to the House of Representatives' building and related parking lots.

G. All debts incurred by the House of Representatives, either during session or between sessions of the Legislature, shall be paid by claims drawn on the Finance Division; and all claims so issued shall be signed by the Speaker.

H. The Speaker is authorized to call meetings of standing and select committees of the House during periods when the House is not in session and to approve claims for travel and subsistence incurred by members of such committees in attendance thereon, as provided by law.

I. The Speaker shall be responsible for authorizing the accounts for the pay, mileage and subsistence of members and employees, and pay them as provided by law.

J. Every bill, resolution and memorial, except death resolutions and Senate bills to be substituted on third reading pursuant to Rule 7 C, shall automatically be assigned to the Rules Committee at the time of assignment to another standing committee without action upon the part of the Speaker.


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RULE 5

THE CHIEF CLERK

A. The Chief Clerk shall keep the Journal of the House and enter therein the record of each day's proceedings, including every question of order which shall be decided on appeal, with the decision thereon, and the hour of adjournment.

B. The Chief Clerk shall prepare copies of the Committee of the Whole Calendar and deliver the same to the members, and prepare such other memoranda as the House or Speaker may direct.

C. The Chief Clerk shall transmit to the Senate every bill or other measure, immediately after its passage, to which concurrence is necessary.

D. The Chief Clerk shall transmit all messages from the House to the Senate and Governor, unless the House shall otherwise direct, and shall perform such additional duties as may be assigned by the House or Speaker.

E. The Assistant Chief Clerk shall, in the absence of the Chief Clerk, perform the duties of the Chief Clerk. 

 

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RULE 6

ROLL CALL, QUORUM, CALL OF THE HOUSE

A. Every member shall be present within the Hall of the House during its sitting, unless excused by the Speaker prior to roll call or necessarily prevented; and shall vote on each question put, unless the member has a personal financial interest in the question, as set forth in Rule 35 or unless the member is excused from voting in accordance with Rule 14.

B. Upon every roll call the names of the members shall be called alphabetically by surnames. When members have the same or similar surnames, the designation of the district shall be added.

C. The majority of the members elected to the House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the House may prescribe. The House shall not adjourn for more than three days between the day of adjournment and the day of reconvening, nor to any place other than that in which it may be sitting, without the consent of the Senate (Arizona Constitution, Article IV, Part 2, Section 9).

D. The purpose of the Call of the House is to compel the attendance of absent members.

E. A motion or demand for a Call of the House is not debatable or amendable and may not be laid on the table, postponed, referred to committee or have other subsidiary motions applied to it.

F. When no quorum is present, a Call of the House takes precedence over all other motions. Any member may raise the question of no quorum; and if a quorum is not present, the House must either order a Call of the House, recess or adjourn. The motion for a Call of the House is agreed to by a majority of those voting, but may not be ordered by less than 10 members including the Speaker.

G. When a quorum is present, a Call of the House ranks as a "question of privilege". A Call of the House may be ordered by a majority of the members voting, provided the minimum number authorized to order a Call of the House is present.

H. When a Call of the House has been ordered, the doors are closed, the Chief Clerk calls the roll of members and notes the absentees. The Sergeant at Arms shall forthwith proceed to bring in absent members until two-thirds of the members elected to the House are present, and present them at the bar of the House, whereupon the members shall be noted as present, discharged from custody, be given an opportunity to vote; and their vote shall be recorded.

 

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RULE 7

ORDER OF BUSINESS,

SUBSTITUTION OF SENATE BILLS FOR HOUSE BILLS

A. The House shall convene at the call of the Speaker each day during legislative session unless a different time or day is fixed by the Body. The daily Order of Business shall be as follows:

1. Roll Call

2. Prayer

3. Pledge of Allegiance

4. Approval of the Journal

5. Petitions, Memorials and Remonstrances

6. Reports of Standing Committees

7. Reports of Select Committees

8. Business on the Speaker's Desk

9. Bills and Other Business from the Senate

10. Motions to Discharge Committees

11. First Reading of Bills

12. Second Reading of Bills

13. Third Reading of Bills

14. Unfinished Business 

15. Committee of the Whole

16. Disposition of Business from Committee of the Whole

17. Orders of the Day

B. At any time after the reading and approval of the Journal any member may authorize a motion to be made that the House go into Committee of the Whole for the consideration of bills raising revenue or the general appropriations bill.

C. When Senate bills are received which are identical to House bills which have already been favorably reported by the Committee of the Whole, they may be substituted for such House bills on Third Reading.

D. Business shall be taken up and shall be considered only when the class to which it belongs shall be declared to be in order. Questions of privilege including introduction of guests shall be in order as provided in Rule 26 B.

E. All questions relating to the priority of business shall be decided by a majority of those voting without debate.

F. When multiple legislative sessions are held on one legislative day, the Prayer and the Pledge of Allegiance under the Order of Business in subsection A of this rule are required to be followed only for the first session of that day. 

 

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RULE 8

BILLS, RESOLUTIONS, MEMORIALS, ENGROSSED COPIES,

AMENDMENTS

A. Every bill, resolution and memorial shall be read by sections on three different days, unless in case of emergency, two-thirds of the House deem it expedient to dispense with this Rule. The vote on Third Reading and Final Passage of any bill, resolution or memorial shall be taken by ayes and nays on roll call. Final Passage shall be the final disposition of a bill by the House (refer to Arizona Constitution, Article IV, Part 2, Section 12).

B. Bills, resolutions and memorials may be introduced by a member by presenting copies of such bill, resolution or memorial to the office of the Chief Clerk. The Chief Clerk shall have 24 hours to process such bill, resolution or memorial preceding the day of actual introduction. The name of the sponsor or sponsors shall be on the attached signature page of the bill. Introductions "by request" shall be so designated. A bill introduced in the House may be cosponsored by Senate members.

C. Bills, resolutions and memorials may be introduced during the first 29 days of a regular session and during the first 10 days of a special session. Thereafter, with the exception of death resolutions, introduction may be allowed only with the permission of the Rules Committee. Every bill, resolution or memorial shall have at least one prime sponsor. A member may not be the prime sponsor of more than seven bills introduced after 5:00 p.m. on the fourth day of each regular session. For purposes of this Rule the first name on a bill shall be considered the prime sponsor.

D. Bills, resolutions and memorials may be prefiled by any member-elect for introduction in the first regular session during the period following the filing of the certification of election until the first day of the regular session. Bills, resolutions and memorials may be prefiled for introduction in the second regular session during the period from November 15 next preceding the second regular session until the first day of the second regular session. Bills, resolutions and memorials may be prefiled for introduction in any special session during the period following the Governor's proclamation until the first day of the special session, such bills being germane to the call.

E. A bill, resolution or memorial shall be prefiled in the same manner prescribed for introduction. Bills, resolutions and memorials prefiled for introduction pursuant to this Rule shall be deemed to have been actually introduced on the first day of each regular or special session.

F. Bills, resolutions and memorials accepted for introduction shall be entered in the Journal by the Chief Clerk.

G. The original of a bill, resolution or memorial shall be designated by blue backing, marked "original" and shall remain in the possession of the Chief Clerk. The chairman of each committee to which a bill, resolution or memorial is referred shall receive one copy marked "committee reference". Subsequent copies shall be distributed as the Speaker directs.

H. All bills prepared for introduction which propose to add to the statutes or amend existing statutes shall show the proposed new language in capital letters (upper case) and the deletions shall be shown in regular type (lower case) lined through.

I.  On First Reading of bills, resolutions or memorials, the measure shall be referred to the Chief Clerk for printing. The Speaker shall determine the number of bills, resolutions or memorials to be duplicated.

J. On First Reading, all bills, resolutions or memorials shall be referred by the Speaker or the Speaker’s designee to appropriate committees. Each committee shall report each measure it carefully considers back to the House with such recommendations as may be deemed proper. All amendments proposed by the committee shall be separately reported.  If the Speaker designates his referral authority pursuant to this rule to any member of the House other than the Speaker Pro Tempore the designation shall be in writing, state the period of time for which it is effective, and be filed in advance with the Chief Clerk.

K. When the first committee reports the measure to the House, the Speaker places it on the House Calendar (Inactive Calendar). When the last committee to which the measure was referred reports to the House, it is the property of the Committee on Rules, which considers the measure. The Speaker sets the order of the measures on the Active Calendar for the consideration of the Committee of the Whole.

L. The Speaker may direct that any bill be second read at the time of its consideration by the Committee of the Whole or on any day prior thereto.

M. When the Committee of the Whole has completed its deliberations, it is dissolved and reports to the House. By motion the report of the Committee of the Whole is adopted by the House (or amended) and the Speaker properly assigns the House measures (or amended Senate measures) to be engrossed for Third Reading.

N. The original and two copies of each engrossed measure shall be on paper of durable quality and shall be stamped on each page thereof with the blind embossed stamp of the House. All engrossed pages not having a full complement of typed lines shall be marked from the end of the typed page to within one inch of the end of such page. The original House engrossed House bill shall have a green backing. The original House engrossed Senate bill shall have an orange backing.

O. The engrossed measure shall not be subject to amendment on Third Reading or Final Passage of the measure.

P. The House shall provide the Senate with 75 copies and the Legislative Council with five copies of each amended engrossed House measure on green paper with a cover page. For House amendments to Senate measures, the same number of copies shall be provided but shall consist only of those pages containing the adopted House amendments and cover page. For unamended House measures the same number of green cover pages shall be provided stating that the measure passed as introduced, which will be identical to the original and printed copies.

Q. All bills, resolutions, memorials and engrossed measures shall be line-numbered, and such numbering shall begin with the enacting clause. Uniform sized paper, 8-1/2" x 11", shall be used. All paper, ink and other materials used by the House for the purpose of permanent records shall be of durable quality.

 
R. Amendments shall have uniform headings and shall read "amendment to" and shall be in the same form as the original bill. The amendment shall refer to page and line number only and when referring to more than one line shall read "lines ... through ...". If everything after the enacting clause is stricken, the amendment shall read "strike everything after the enacting clause". All amendments shall contain the language which states "amend title to conform". Substantive floor amendments shall be printed and placed on each member's desk a reasonable time prior to Committee of the Whole unless previously distributed. Substantive proposed amendments shall be reviewed for constitutionality and approved as to proper form by House Rules Counsel or other qualified personnel designated by the Speaker prior to presentation in all committees, including Committee of the Whole and conference committees.

S. No amendment to strike everything after the enacting clause and insert new material shall be in order unless notice of intent to offer such an amendment has been given by at least 4:00 p.m. on the second previous working day, excluding Saturday, Sundays and holidays, in advance of the committee meeting at which the amendment is to be considered by delivering a draft of the proposed amendment to the office or the secretary of each member of the committee, posting such notice at the Information Desk and leaving a copy of the draft in the office of the Chief Clerk. 

 

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RULE 9

COMMITTEES

A. All committees, except such as the House shall select, shall be appointed by the Speaker.

 

B. Standing Committees of the House shall consist of the following:

 

Appropriations

Banking and Insurance

Commerce

Education

Environment

Government 

Health and Human Services

Judiciary

Military Affairs and Public Safety

Natural Resources and Rural Affairs

Public Employees, Retirement and Entitlement Reform

Rules

Transportation and Infrastructure

Water and Energy 

Ways and Means

C. Each Standing Committee shall adopt and file with the Chief Clerk's Office rules of procedure consistent with the Rules of the House and shall include the following: 

1. With the exception of executive sessions ordered by a majority of the committee constituting a quorum, all committee meetings shall be open to the other members of the Legislature, the press and public so long as proper decorum is maintained. 

2. All committees shall meet at regularly scheduled times and places unless cancelled with the permission of the Speaker. In the absence of the chairman, the vice chairman shall preside. In the absence of both the chairman and vice chairman, some other committee member designated by the Speaker shall preside.

3. The committee chairman (presiding officer) other than the chairman of the Committee on Rules shall prepare an agenda and distribute copies to committee members, the Information Desk and the Chief Clerk's Office by 4:00 p.m. each Wednesday for all standing committees meeting on Monday of the following week and by 4:00 p.m. each Thursday for all standing committees meeting on any day except Monday of the following week. Except by unanimous consent of the committee, the committee chairman may add a legislative measure to a distributed agenda by distributing a revised agenda to committee members, the Information Desk and the Chief Clerk?s Office no later than 4:00 p.m. on the second previous working day, excluding Saturdays, Sundays and holidays, before the committee meeting.

4. A bill not on the committee agenda shall be scheduled for discussion at the next subsequent committee meeting by presentation of a petition containing the signatures of two-thirds or more of the committee members. 

5. A roll call vote shall be taken in each standing committee when final action on any bill is voted.


6. Written committee minutes shall be filed with the Chief Clerk's Office within a reasonable time but no later than two weeks from time of completion of meetings. An audio recording of the meeting shall be open to public inspection in the Chief Clerk's Office three working days after the meeting. Attendance records of all committee meetings shall be filed with the Chief Clerk's Office within 24 hours from time of completion of meetings. 

 
7. Special meetings may be called by the chairman but require permission of the Speaker and notice to members and the general public at the Information Desk by 4:00 p.m. on the previous day, except that the notice of a special meeting of the Committee on Rules may be given in open session prior to the meeting and does not require the Speaker?s permission.

D. The Speaker is authorized to call meetings of standing and select committees of the House during periods when the House is not in session and to approve claims for travel and subsistence incurred by members of such committees in attendance thereon, as provided by law. 

E. No committee other than the Committee on Rules shall meet while the House is meeting in session without special permission of the Speaker. 

F. Except as provided herein, all House bills shall be considered by committees prior to the Saturday of the week in which the sixtieth day from the beginning of each regular session falls and all Senate bills shall be considered by committees prior to the Saturday of the week in which the ninetieth day from the beginning of each regular session falls. No committee except the Rules Committee shall consider a bill in violation of this subsection without the written permission of the Speaker. 

G. Notwithstanding Rule 8 T, no proposed amendment in the Committee on Rules to strike everything after the enacting clause and insert new material shall be in order.

 

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RULE 10

REPORTS OF COMMITTEES

A. Reports of Standing Committees shall be announced to the House upon receipt of reports from the committees. Reports from the following committees concerning matters herein named shall have precedence and may be received at any time except in Committee of the Whole:

1. The Committee on Rules on joint rules, order of business and rules relating to the order of consideration of bills;

2. The Committee on Judiciary on the right of a member to his seat; 

3. The Committee on Ways and Means on bills for raising revenue;

4. The Committee on Appropriations on all matters referred to it.


B. When a report of a committee is printed, it shall include a minority report, if requested.


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RULE 11

CALENDARS

A. There shall be the following calendars to which all business reported from committees shall be referred:

1. A House Calendar on which shall be entered all bills and other measures in the order reported from the committees, and such business as the House may directly place upon the calendar for consideration.

2. The Active Calendar of the Committee of the Whole House on which shall be entered all bills and other measures referred to the Committee of the Whole.

B. The Consent Calendar shall be set by the Speaker and shall consist of select unamended bills reported out of all committees to which they were referred. It shall be dated, printed, placed on each member's desk and posted at the Information Desk three working days prior to being accepted. Any member who wishes to protest any bill bypassing the Committee of the Whole may submit a protest in writing to the Chief Clerk's Office with a copy for the Speaker's Office during the three-day posting, and this protest will automatically remove the bill from the Consent Calendar. The bills remaining on the Consent Calendar will then be placed on the Third Reading Calendar.



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RULE 12

COMMITTEE OF THE WHOLE

A. When the House shall determine to go into Committee of the Whole, the Speaker shall leave the Chair after appointing a chairman to preside. 

B. In Committee of the Whole, business shall be transacted in accordance with its priority on the Calendar, unless such priority be determined by the House before going into Committee of the Whole. 

C. A majority of the members of the House shall constitute a quorum to do business in Committee of the Whole. 

D. When a Committee of the Whole finds itself without a quorum, the Chairman shall cause the roll to be called, and thereupon the Committee shall rise and the Chairman shall report the names of the absentees to the House, and such names shall be entered in the Journal. If on such roll call a quorum shall appear, the Committee shall thereupon resume its sitting without further order of the House. 

E. In Committee of the Whole the Rules of the House shall govern whenever applicable. 

F. In Committee of the Whole all questions shall be decided by a majority of those voting.

G. No seconds are required to motions in Committee of the Whole.
 

H. In Committee of the Whole the bill shall first be read through by the Chief Clerk, unless the Committee shall otherwise order. This shall constitute second reading of the bill unless it has been previously second read. After the proper motion the bill is open to debate and amendment. 

I. When a bill is under debate in Committee of the Whole, the following recommendations are in order: 

1. Do pass 

2. Be recommitted to a committee for further study 

3. Do pass as amended 

4. Postpone indefinitely (This motion is not recommended until after the measure has been thoroughly discussed.) 

5. Do not pass 

6. Be retained on the Calendar 

7. Retain its place on the Calendar 

8. Call for the previous question 

J. The following motions are not in order in Committee of the Whole: 

1. To adjourn 

2. Appoint, authorize or discharge committees 

3. Lay on the table 

4. Reconsideration 

K. A roll call vote shall be taken in Committee of the Whole when a motion to recommend is defeated. No other roll call votes shall be taken in Committee of the Whole. 

L. When the Committee of the Whole has completed its deliberations, it is dissolved and reports to the House. By motion the report of the Committee of the Whole is adopted by the House (or amended) and the Speaker properly assigns the House measures (or amended Senate measures) to be engrossed for Third Reading.

M. With the exception of committee amendments, no proposed amendment in Committee of the Whole to strike everything after the enacting clause and insert new material shall be in order and the report of the Committee of the Whole shall not be amended to circumvent this Rule.

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RULE 13

SITTING AS IN COMMITTEE OF THE WHOLE

The House may by majority vote of those voting sit as in Committee of the Whole for consideration of any subject, except no proposed amendment to strike everything after the enacting clause and insert new material is in order.

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RULE 14

VOTING

A. All motions may be determined by a voice vote, teller, or on request of two members by a roll call, and by declaration of the result by the Speaker or designated member; provided that the voice vote shall not apply to Third Reading and Final Passage of a bill, resolution or memorial.

B. No member shall be permitted to vote unless present in person to cast his vote. 

C. No member shall vote for another, nor shall any person not a member cast a vote for a member. In addition to such penalties as may be prescribed by law, any member who shall vote or attempt to vote for another member may be punished in such manner as the House may determine. If a person not a member shall vote or attempt to vote for any member he shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper, in addition to such punishment as may be prescribed by law.

D. When a roll call vote is ordered, every member who shall be within the Hall of the House shall vote, aye or nay, unless the member has filed a statement of personal financial interest in the question or is excused by the House pursuant to subsection E. 

E. When a roll call vote is ordered, no member shall leave his seat until the vote is declared. The roll will be taken once only. When a member declines to vote, the member shall be required to specify the reason. If a member declares a personal financial interest in the question and the member has failed to file a statement pursuant to rule 35 or if the reason given is other than a personal financial interest in the question, the presiding officer shall submit the question to the House, "Shall the member be excused from voting for the reason given?" The question shall be decided without debate before the roll call vote is taken and the result is announced. 

F. A member may change his vote after the roll call has been completed and before announcement of the result, but not thereafter. 

G. Every member shall have the privilege of explaining his vote (such explanation shall not exceed five minutes) and shall further be permitted to have his written explanation placed on file in the Office of the Chief Clerk and the Journal shall so show except that this provision shall not apply in committees of the House. 

H. The Speaker or designated member shall declare all votes; but if any member doubts a voice vote prior to the declaration of the vote by the Speaker or designated member, a rising vote shall be ordered and the result declared.



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RULE 15

ELECTRIC ROLL CALL SYSTEM

A. In all cases where a rule of the House of Representatives refers to "roll call", such reference shall be understood to refer also to the "taking" of the vote by an electric roll call system. 

B. When taking the ayes and nays on any question to be voted upon, the electric roll call system, so-called, may be used, and when so used shall have the same force and effect as a roll call taken as otherwise provided in these rules. 

C. When the House is ready to vote upon any question requiring a roll call, and the vote is to be taken by the electric roll call system, the Chair shall announce: "You have heard the motion" or "You have heard the ____________ reading of (designating the matter to be voted upon). Those in favor will vote aye. Those opposed will vote nay. Do not vote until you hear the bell. The House will now proceed to vote."

D. When sufficient time has been allowed the members to vote, the Chair shall announce: "Have you all voted?" and after a short pause shall say: "The Clerk will now record the vote."

E. The Chief Clerk shall immediately start the recording equipment and, when completely recorded, shall present the result to the Chair, who shall announce same to the House. The Chief Clerk shall enter upon the Journal the result in the manner provided by the Rules of the House.

 

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RULE 16

MOTION TO AMEND, GERMANENESS

A. When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order. No amendment in the third degree shall be allowed. 

B. It shall be in order to offer a further amendment by the way of a substitute amendment.

C. A motion to strike out and insert is indivisible, but a motion to strike out being lost shall neither preclude amendment nor shall a motion or proposition on a subject different from that under consideration be admitted under the color of amendment. 

D. The Arizona Constitution (Article IV, Part 2, Section 13) provides in part that "every act shall embrace but one subject and matters properly connected therewith, ...". To comply with this requirement, an amendment may not expand the scope of the original bill to give it a new purpose. A bill including any amendments shall be presumed to contain one subject if: 

1. The resulting bill has one general purpose and all other matters contained therein are related to that purpose or necessary to effectuate the purpose. 

2. The resulting bill is a major revision of a program or agency and each of the provisions relates to the revision. 

3. The bill offers only technical or conforming changes to the statutes. 

4. The bill is an omnibus taxation or appropriation measure and each provision relates to the same general purpose of the bill. 

5. The bill is a result of a strike everything after the enacting clause amendment and substitutes material designed to accomplish only one purpose.

E. In filling blanks, the largest sum and the longest time shall be put first.

F. Upon request of any member each amendment shall be considered separately.

.

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RULE 17

SENATE AMENDMENTS, CONFERENCE COMMITTEES,

CONFERENCE REPORTS, FINAL PASSAGE

A. Any amendment by the Senate to any House bill shall be subject to one of the following:

1. Except as provided in subsection a, paragraph 4, concur in Senate amendments by voice vote and Final Passage by roll call vote. 

2. Refuse to concur in Senate amendments and appointment of Conference Committee (simple or free). 

3. Speaker may refer the bill with the Senate amendments to a committee which after study shall recommend concurrence or nonconcurrence. 

4. The Speaker may refer a measure that was subject to Senate amendments that introduced new material or was the subject of a strike everything amendment to a free Conference Committee that is primarily comprised of members of a standing committee that is customarily assigned similar subject matter and the measure’s prime sponsor. Public testimony shall be allowed at the conference committee. 

B. Any amendment by the Senate which includes the addition of the emergency clause or the requirements for enactment clause (refer to Arizona Constitution, Article IX, section 22) or a three-fourths clause to amend or supersede an initiative or a referendum or to appropriate or divert funds created by an initiative or a referendum (refer to Arizona Constitution, Article IV, Part 1, Section 1, Subsections (6) (C), (6) (D) or (14)) shall require a two-thirds vote of the members elected to the House for Final Passage with the emergency clause or the requirements for enactment clause or a three-fourths vote of the members elected to the House for Final Passage of a measure to amend or supersede an initiative or a referendum or to appropriate or divert funds created by an initiative or a referendum. 

C. Conference Committees may be either simple or free. A Simple Conference Committee shall be limited to points of disagreement between the two Houses and shall not add unrelated new material, except to conform the provisions to other sections of the bill, enactments of the current session or procedural requirements. A Free Conference Committee may recommend striking amendments, compromising disagreements or inserting something entirely new except that a Free Conference Committee may not recommend striking everything after the enacting clause and inserting new material. A Free Conference Committee shall not take final action on a Free Conference Committee report to a House measure unless the measure has been heard in a public hearing of the Free Conference Committee. 

D. A copy of each Conference Committee report shall be placed on each member's desk a reasonable time before consideration of the report. Any member may request, and the Speaker shall grant, a one-time delay per measure of up to 24 hours prior to adoption of the Conference Committee report. Adopted conference reports and the House bills to which they pertain shall be referred for engrossing, and the bill after being engrossed shall be placed on Final Passage. 

E. Except as provided herein, Conference Committees shall consider all bills prior to the Saturday of the week in which the ninety-seventh day from the beginning of each regular session falls. No Conference Committee shall meet to consider a bill after such time without the written permission of the Speaker.

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RULE 18

DECORUM AND DEBATE

A. When a member desires to speak in debate or deliver any matter to the House, or make a motion, he shall rise and address himself to the Chair, and on being recognized may address the House. He shall confine himself to the question and avoid personalities. No member shall impeach or impugn motives of any other member's argument or vote. 

B. When a measure is presented for consideration to the House or in Committee of the Whole, the sponsor of such measure shall be entitled to recognition to open and close the debate. In his absence another member shall be designated to open and close debate on the measure. 

C. When two or more members rise, the Chair shall name the member who is to speak; but in all cases the member who shall first rise and address the Chair shall speak first. 

D. No member shall interrupt another while speaking except to call to order, to correct a mistake or to move the previous question. 

E. The sponsor of a measure or the designee shall have 10 minutes to open and 10 minutes to close debate on an original motion or question except as further provided in this Rule. No other member shall speak more than 5 minutes in favor of or in opposition to any motion, question or each amendment to the motion or question except as further provided in this Rule. 

F. A member shall have 5 minutes to open and 5 minutes to close debate on any amendment proposed by the member to the original motion or question except as further provided in this Rule. 

G. No member other than the member who opens and closes the debate shall speak more than once on any motion, question or each amendment to the motion or question, nor more than the time limits for speaking as provided in this Rule, unless a member desiring to speak more than once, or more than the time limits for speaking is accorded the privilege without objection or upon a motion supported by two-thirds of the members elected to the House.

 

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RULE 19

IMPERMISSIBLE DEBATE

A. No member shall be permitted to indulge in personalities, use language personally offensive, arraign motives of members, charge deliberate misrepresentation or use language tending to hold a member of the House or Senate up to contempt. 

B. If any member be called to order for words spoken in debate, the member calling him to order shall repeat the words excepted to; and they shall be taken down in writing at the Chief Clerk's desk and read aloud to the House, but he shall not be held to answer or be subject to the censure of the House therefor if further debate or other business has intervened. 

C. If any member, in speaking or otherwise, transgresses the Rules of the House, the Speaker shall, or any member may call him to order, in which case he shall immediately sit down unless permitted to explain; and the House shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he shall be at liberty to proceed, but not otherwise; and, if the case requires it, he shall be liable to censure or such punishment as the House may deem proper.

D. There shall be no debate at the Third Reading or Final Passage of a bill except by a two-thirds vote of the members elected to the House.



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RULE 20

PROTEST

A. Any member shall have the right to protest and have the reasons of his protest entered in the Journal (Arizona Constitution, Article IV, Part 2, Section 16) subject to provisions of paragraph B of this Rule. Any member rising to speak on protest shall be allowed to speak for a period not to exceed 10 minutes.

B. The protest of any member, not exceeding 200 words, may be entered in the Journal; but the language thereof shall impute no unworthy motive to any other House or Senate member nor transgress the Rules of the House relating to language used in debate.



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RULE 21

MOTIONS

A. When a motion has been made, the Speaker shall state it or if it be in writing cause it to be read aloud by the Chief Clerk before being debated. It shall then be in possession of the House, but may be withdrawn at any time before debate begins or amendment is offered. No motion shall be recognized without the member rising and addressing the Chair.

B. All motions shall be reduced to writing, if requested by the presiding officer or by a member, and shall be entered in the Journal with the name of the member making it, and shall be read before the same shall be debated. 

 
C. No dilatory motion shall be entertained by the Speaker or Chairman.

D. "Privileged Questions" are a class of motions which have the highest precedence.

E. When the question is under debate, no motion shall be received but:



Debatable

Amendable

Majority
Vote

1.  To adjourn

NO

NO

YES

2.  To take a recess

NO

YES

YES

3.  To lay on the table

NO

NO

YES

4. For the previous question

NO

NO

YES

5. To postpone to a time certain

YES

YES

YES

6. To commit, refer or recommit

YES

YES

YES

7. To amend

YES

YES

YES

8.To amend an amendment.

YES

NO

YES

9. To offer a substitute amendment

YES

YES

YES

10. To amend a substitute amendment

YES

YES

YES

11.To postpone indefinitely

YES

NO

YES

These several motions shall have precedence in the foregoing order, and no motion to postpone to a time certain, to refer, or to postpone indefinitely, being the same day at the same stage of the question decided, shall again be allowed on the motion.

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RULE 22

PREVIOUS QUESTION

A. The previous question shall be put in the following form: "Those in favor of ordering the previous question will vote aye; those opposed will vote nay".

B. The motion for the previous question, when agreed to, has the effect of cutting off all debate and bringing the House to a direct vote upon pending amendments, if any, in their order, and then upon the main question, except that after the previous question has been ordered, each side shall be allowed five minutes, the affirmative closing the debate. 

C. When the member entitled to speak under this Rule is absent, the member first in order upon the committee reporting the measure, who is present and joined in the report, shall have the right to occupy such time. 

D. After the previous question has been ordered on the passage of a measure, one motion to recommit shall be in order. The previous question is not debatable or amendable and requires a majority of those voting.

 

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RULE 23

POSTPONEMENT

A. The motions to postpone are two in number and distinct: (1) to a day certain and (2) indefinitely.

1. The motion to postpone to a day certain is in order immediately after the approval of the Journal unless displaced by more highly privileged business. The motion is subject to amendment, debatable within narrow limits only (the merits of the bill to which it is applied not being within those limits) and requires a majority of those voting.

2. The motion to postpone indefinitely opens to debate all merits of the proposition to which it is applied. It is not applied to motions to refer, suspend the rules or resolve into a Committee of the Whole. The motion cannot be amended and requires a majority of those voting.

B. The postponement motions are not in order in Committee of the Whole until after the measure has been thoroughly discussed and are not made in direct form.

 

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RULE 24

RECONSIDERATION

A. When a motion has been made and carried or lost, it shall be in order for any member who voted with the prevailing side, on the same day or the next day of actual session thereafter, to move for the reconsideration thereof at a time certain not to exceed seven days; and such motion shall not be amended and shall be immediately disposed of. Such motion shall take precedence of all other questions except a motion to adjourn or the consideration of a conference report. 


B. The motion to reconsider is adopted by an affirmative vote of a majority of those voting, even when the vote reconsidered is on a matter that requires two-thirds or more of those voting for affirmative action. On motion to reconsider, the ayes and nays having been acted on, another motion to reconsider is not in order. 


C. No bill, resolution, memorial or petition referred to a committee shall be brought back into the House on a motion to reconsider.


D. When a bill, resolution, report, amendment, order or measure, upon which a vote has been taken, shall have gone out of the possession of the House and has been committed to the Senate, the motion to reconsider shall be accompanied by a motion to request the Senate to return the same, which last motion shall be acted upon immediately, and if determined in the negative shall be a final disposition of the motion to reconsider.



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RULE 25

DIVISION OF QUESTION

On demand of a member before the question is put, a question shall be divided if it includes propositions so distinct in substance than one being taken away, a substantive proposition shall remain.

 

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RULE 26

PRIVILEGE OF THE HOUSE, PERSONAL PRIVILEGE

A. "Questions of Privilege" are those questions which relate to the rights and privileges of the Body or of its members in their official capacity, and should be distinguished from "privileged questions" which are a class of motions having the highest precedence pursuant to Rule 21.

B. "Questions of Privilege" shall be:

1. "Privilege of the House" which affects the rights of the House collectively, its safety, dignity and integrity of its proceedings and has the highest precedence.

2. "Personal Privilege" which relates to the rights, reputation and conduct of members individually, in their respective capacity only; and shall have precedence of all other questions except motion to adjourn and except as provided in Rule 7. Any member rising to a point of personal privilege upon being recognized shall first state the point and shall be allowed to speak for a period not to exceed 5 minutes

 

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RULE 27

PETITIONS, MEMORIALS AND OTHER COMMUNICATIONS

A. Petitions, memorials or other papers addressed to the House may be presented by the Speaker or by a member and shall be read and considered in the order presented unless the House shall direct otherwise. The subject matter and the name of the person presenting the petition or other paper shall be endorsed thereon.

B. Messages from the Governor, reports and communications from heads of departments, or other communications to the House, and messages from the Senate, may be referred directly to appropriate committees.



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RULE 28

ORDER ON THE FLOOR, PRIVILEGE OF THE FLOOR,

MAIN GALLERY, PRESS GALLERY

A. No member shall be permitted to pass unnecessarily between the Chair and the person speaking, or other persons be permitted to stand in the aisles during the session of the House. 

B. Except by unanimous consent, or unless otherwise ordered by a two-thirds vote of the members elected to the House, no person except members, officers and employees of the House shall have the privilege of, or be admitted to, the floor of the House Chambers at any time; provided that the Speaker may grant the privilege of the floor, subject to revocation in any instance by order of the House, to former members of the House and to members of the Senate.

C. The main gallery shall at all times, except when the House is in Executive Session or the House or Speaker shall order the galleries cleared, be open to the public, subject to the full observance of the Rules of the House.

D. A press gallery shall be maintained, to which shall be admitted only duly accredited representatives of the press holding nontransferable cards issued by the Speaker and revocable at his discretion. The press gallery may be located on the floor of the House at the discretion of the Speaker. Any press representative desiring admission to the press gallery shall make application to the Speaker for a pass and shall accompany such application with a statement of the facts of his press connections, and with a request by the newspaper or newsgathering organization with which he is connected for such pass. Passes shall not be issued to more than four representatives of one newspaper or newsgathering organization, and not more than one such representative at a time shall occupy a seat in the press gallery if such seat is desired by the representative of any other newspaper or newsgathering organization.


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RULE 29

THE JOURNAL

A. The House shall keep a Journal of its proceedings, and at the request of two members the ayes and nays on roll call on any question shall be entered (Arizona Constitution, Article IV, Part 2, Section 10).

B. Every motion made to the House and entertained by the Speaker shall be entered in the Journal with the name of the member making it, unless it be withdrawn the same day. 

 

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RULE 30

PARLIAMENTARY PRACTICE AND PRECEDENCE

The rules from the different sources take precedence in the order listed: 

1. Constitutional Rules or Stipulations 

2. Statutory Rules or Provisions 

3. Adopted House Rules 

4. Judicial Decision 

5. Adopted Parliamentary Authority (Mason's Manual of Legislative Procedure, Rules of United States House of Representatives, and Jefferson's Manual) 

6. General Parliamentary Law

7. Customs and Usages 

 

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RULE 31

EXECUTIVE SESSION

Upon a motion, carried by a majority vote of all members elected to the House, the House may resolve itself into Executive Session for the discussion of any business which may, in the opinion of the House membership, require secrecy. The Speaker may direct the chambers and galleries to be cleared, except such personnel as the Speaker may deem necessary; and during the discussion the doors shall remain closed. While in Executive Session the Rules of the House shall apply.

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RULE 32

SUSPENSION OR AMENDMENT OF THE RULES

A. The House Rules may be amended upon vote of the majority of the members of the House.

B. The House Rules may be suspended by a vote of a majority of the members present.

 

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RULE 33

AGENDAS, CALENDARS AND NOTICE OF MEETINGS

A. Agendas and calendars shall contain the number and short titles of all legislative measures to be considered. 

B. A standing, interim or joint committee or a subcommittee, except the Committee on Rules, shall not take action on a legislative measure unless the measure has been on a committee agenda which was available at the Information Desk by 4:00 p.m. on the previous day. Standing Committees are also subject to Rule 9C. Interim committees shall prepare and distribute agendas no later than 4:00 p.m. on the second previous working day, excluding Saturday, Sundays and holidays, in advance of the committee meeting. 

C. A measure not considered by the Committee of the Whole on the same legislative day as it was reported out of the last standing committee to which it is assigned, other than the Committee on Rules, shall not be considered by the Committee of the Whole unless it appeared on an active calendar of the Committee of the Whole which was available at the Information Desk on the previous day. 

D. A measure not disposed of on Third Reading on the same legislative day as it was reported by the Committee of the Whole shall not be brought to a vote on Third Reading unless it appeared on a calendar available at the Information Desk on the previous day. 

E. The names of the House conferees appointed to a Conference Committee shall be available at the Information Desk before the conference report is signed. The report of a Conference Committee shall not be adopted unless the report was available at the Information Desk prior to the adoption. 

F. In case of an emergency, a vote may be taken upon such notice as is appropriate to the circumstances. A report of the action taken in an emergency shall be available at the Information Desk within twenty-four hours. 

G. A current report of the House action on all measures shall be available to public inspection at the Information Desk.

H. Pursuant to Article IV, Part 2, Section 8, Constitution of Arizona, the meeting notice and agenda requirements for the House, Committee of the Whole and all standing, select and joint committees and subcommittees shall be governed exclusively by these rules.

 

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RULE 34

CODE OF ETHICS

A. No member shall:

1. Intentionally solicit, accept or agree to accept from any source, whether directly or indirectly and whether by himself or through any other person, any personal financial benefit, including any gift for himself or another, upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public official will thereby be influenced. 

2. Disclose or use information designated by law as confidential in any manner prohibited by law. 

3. Knowingly disclose or use, other than in the performance of his official duties, information gained as a result of his official position and which is not available to the general public, for his personal financial benefit or the financial benefit of any other person, including compensation from any employment, transaction or investment entered into that utilizes or is based upon such information. 

4. Enter into any contract with a public agency or have an interest in the profits or benefits of a contract entered into with a public agency by any other person or entity, unless:

(a) The total gross annual income value of the contract is less than one thousand dollars, or 

(b) The contract is entered into by a business of which the member, his spouse or any minor child of whom the member has custody, owns or controls, individually or combined, less than ten percent thereof, or 

(c) The contract has been awarded through public and competitive bidding pursuant to law, or 

(d) The subject of the contract between a member and a public agency is an appointment or employment for which an exception exists pursuant to Article IV, Part 2, Section 4 or 5 of the Constitution of Arizona.

5. Appear for a fee on behalf of another person or entity before any public agency for the purpose of influencing such agency by use of threat to initiate or take an action in the discharge of his official duties that would be adverse to such agency.

B. For the purposes of this Rule:

1. A member shall be deemed to "have an interest in the profits or benefits of a contract" if the contract is entered into by the member or the member’s spouse or any minor child of whom the member has legal custody. 

2. "Public agency" means all courts and any department, agency, board, commission, institution or instrumentality of this state but does not include counties, cities and towns or any other political subdivision.


3. "Business" includes any corporation, partnership, joint venture, sole proprietorship, business trust, enterprise, organization, trade, occupation or profession. 

4. "Gift" includes any gratuity, special discount, favor, service, economic opportunity, loan or other benefit received without lawful consideration and not provided to members of the public at large but does not include political campaign contributions if such contributions are publicly reported as required by law. 

5. "Fee" includes any compensation but does not include benefits received pursuant to law as a result of being a legislator.

 

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RULE 35

PERSONAL FINANCIAL INTEREST

A. A member who anticipates taking an action in the discharge of his official duties in which he may have a personal financial interest shall: 

1. Prepare a written statement describing the matter to be acted upon and the nature of the potential interest; and 

2. Deliver a copy of the statement to the Speaker, the chairman of the Ethics Committee and the Chief Clerk. Such statement shall be retained by the Chief Clerk as a public record. 

B. A member shall report a potential personal financial interest pursuant to subsection A as soon as the member is aware of such potential interest. If, however, such awareness occurs when the House is convened on the floor or during a meeting of a committee, subcommittee or caucus, a member shall report a potential personal financial interest as soon after the adjournment of that body as is practicable. 

C. A member may abstain from taking any action in which he has a personal financial interest . Upon declining to participate in any legislative action on the floor, in committee or in subcommittee, the member shall state his decision and such decision shall be recorded in the Journal or minutes of that body. Prior to declining to vote in any legislative action on the floor, a member must first prepare a written statement describing the nature of the personal financial interest or the reason why the member is declining to vote and deliver the statement to the Office of the Chief Clerk. If the member fails to file the statement prior to the member’s declaration on the floor, the member shall be subject to Rule 14 E. 

D. A member in doubt as to the propriety of any action proposed to be taken by him and involving a potential personal financial interest under this Rule may request the Ethics Committee to render an advisory opinion on the facts. The advisory opinion shall be issued not later than 5 days from the date of receipt of that request and be filed with the Speaker, the chairman of the Ethics Committee and the Chief Clerk. Such opinion shall be retained by the Chief Clerk as a public record. 

E. For the purposes of this Rule: 

1. "An action in the discharge of his official duties" means introduction, sponsorship, debate, amendment, passage, defeat, approval, consideration or any other official action on any bill, resolution, memorial, amendment, confirmation, nomination, appointment, report or any other matter pending or proposed in a committee, subcommittee, caucus or on the floor of the House. 

2. A personal financial interest exists if it is reasonably foreseeable that an action in the discharge of his official duties will have a material financial benefit or detriment either directly or indirectly on the member, his spouse or any minor child of whom he has legal custody, except that no personal financial interest exists if the legislator or such member of his household is a member of a class of persons and it reasonably appears that a majority of the total membership of that class is to be affected by such action.

 

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RULE 36

POLITICAL PARTY CAUCUSES

All meetings of majority or minority political party caucuses of members of the House shall be open to the public except organizational meetings to elect officers of the caucus and the House and meetings to discuss matters permitted in executive session as set forth in A.R.S. section 38-431.03. Each caucus shall establish procedures for convening authorized executive sessions.

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RULE 37

DISCHARGE OF COMMITTEES

Notwithstanding any other provision of these rules to the contrary:

1. Every bill, resolution and memorial shall be referred to one or more standing committees, except death resolutions and Senate bills to be substituted on Third Reading pursuant to Rule 7 C. 

2. Except as provided in paragraph 3, if three-fifths or more of the members of the House sign a petition to discharge all committees from further consideration of a bill, resolution or memorial the measure shall be placed on an Active Calendar of the Committee of the Whole within one week unless the House adjourns sine die. If the measure is reported favorably by the Committee of the Whole it shall be brought for Third Reading. 

3. If three-fifths or more of the members of the House sign a removal request, a bill, resolution or memorial shall, irrespective of the measure's status, be removed from the possession of the Rules committee and shall be placed on an Active Calendar of the Committee of the Whole within one week unless the House adjourns sine die.


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