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Montana Legislature |  2015 Session |
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Montana Legislature | 2015 Session |
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House Rule H30-50. Procedures -- absentee or proxy voting -- member privileges. (1) The chairman shall notify the sponsor of any bill pending before the committee of the time and place it will be considered.
(2) A standing or select committee may not take up referred legislation unless the sponsor or one of the cosponsors is present or unless the sponsor has given written consent. The chairman shall attempt to not schedule Senate bills while the Senate is in session.
(3) (a) Subject to subsection (3)(b), the committee shall act on each bill in its possession:
(i) by reporting the bill out of the committee:
(A) with the recommendation that it be referred to another committee;
(B) favorably as to passage; or
(C) unfavorably; or
(ii) by tabling the measure in committee.
(b) Except as provided in subsection (3)(c), at the written request of the sponsor made at least 48 hours prior to a scheduled hearing, a bill may be withdrawn by the sponsor without a hearing. A bill may not be reported from a committee without a hearing.
(c) A bill may not be withdrawn by the sponsor after a hearing.
(4) The committee may not report a bill to the House without recommendation.
(5) The committee may recommend that a bill on which it has made a favorable recommendation by unanimous vote be placed on the consent calendar. A tie vote in a standing committee on the question of a recommendation to the whole House on a matter before the committee, for example on a question of whether a bill is recommended as "do pass" or "do not pass", does not result in the matter passing out to the whole House for consideration without recommendation.
(6) In reporting a measure out of committee, a committee shall include in its report:
(a) the measure in the form reported out;
(b) the recommendation of the committee;
(c) an identification of all substantive changes; and
(d) a fiscal note, if required.
(7) If a measure is withdrawn from a committee and brought to the House floor for debate on second reading on that day without a committee recommendation, the bill does not include amendments formally adopted by the committee because committee amendments are merely recommendations to the House that are formally adopted when the committee report is accepted by the House.
(8) A second to any motion offered in a committee is not required in order for the motion to be considered by the committee.
(9) The vote of each member on all committee actions must be recorded. All motions may be adopted only on the affirmative vote of a majority of the members voting. Standing and select committees may by a majority vote of the committee authorize members to vote by proxy if absent, while engaged in other legislative business or when excused by the presiding officer of the committee due to illness or an emergency. Authorization for absentee or proxy voting must be reflected in the committee minutes.
(10) A motion to take a bill from the table may be adopted by the affirmative vote of a majority of the members present at any meeting of the committee.
(11) An action formally taken by a committee may not be altered in the committee except by reconsideration and further formal action of the committee.
(12) A committee may reconsider any action as long as the matter remains in the possession of the committee. A committee member need not have voted with the prevailing side in order to move reconsideration.
(13) Any legislation requested by a committee requires three-fourths of all members of the committee to vote in favor of the question to allow the committee to request the drafting or introduction of legislation. Votes requesting drafting and introduction of committee legislation may be taken jointly or separately.
(14) The chairman shall decide points of order.
(15) The privileges of committee members include the following:
(a) to participate freely in committee discussions and debate;
(b) to offer motions;
(c) to assert points of order and privilege;
(d) to question witnesses upon recognition by the chairman;
(e) to offer any amendment to any bill; and
(f) to vote, either by being present or by proxy if authorized pursuant to subsection (9), using a standard form or through the vice chairman or minority vice chairman.
(16) Any meeting of a committee held through the use of telephone or other electronic communication must be conducted in accordance with Chapter 3 of the House Rules.
(17) A committee may consolidate into one bill any two or more related bills referred to it whenever legislation may be simplified by the consolidation.
(18) Committee procedure must be informal, but when any questions arise on committee procedure, the rules or practices of the House are applicable except as stated in the House Rules.
