Rule 7.2. Prefiling
A. At any time between regular sessions of the legislature, but not later than five in the evening of the forty-fifth calendar day prior to the first day of a regular session for bills and joint resolutions relative to retirement, members of the House may prefile with the Clerk legislative instruments, including bills, joint resolutions, and simple and concurrent resolutions, which are proposed for introduction at either of the next two regular sessions. However, no instrument shall be prefiled by a member during the period between the convening of the last regular session prior to each general election for members of the legislature and the certification of election of such member to the House, and no instrument shall be prefiled for the next regular session after such general election prior to such time. After a person is certified as elected to the House, such member or member-elect may prefile instruments for introduction at the next regular session. The member, member-elect, or designee of such person, shall deliver such instruments to the Clerk in the requisite number of copies for introduction. In accordance with House Rule 7.3, the Clerk shall number each prefiled instrument in the order in which they are received. The Clerk shall cause all prefiled bills to be printed or otherwise made available for distribution and shall otherwise process all prefiled instruments for introduction when the session for which they are prefiled convenes.
B. The Speaker shall refer each prefiled instrument to the appropriate standing committee under the provisions of House Rule 6.6. At the time of such referral the Speaker shall notify the author of the referral of such instrument, naming the committee to which the instrument has been referred. Such referral, the date thereof, and the name of the committee of reference shall be entered in the Interim Calendar. The committee referral of an instrument prefiled within one week preceding the convening of the session for which it shall be introduced shall not be entered in the Interim Calendar. If any member of the House of Representatives notifies the Speaker in writing, within five days of publication in the Interim Calendar of such referral and distribution of such Calendar as provided in House Rule 12.7, that he objects to the instrument's being considered or heard by such committee and states the reason for his objection, the House and Governmental Affairs Committee shall determine the committee to which the instrument shall be referred. No prefiled legislative instrument about which such objection has been raised shall be considered or heard by the House and Governmental Affairs Committee for purposes of referral unless and until the objector to the referral and the author of said instrument have been notified of the meeting at which such referral is to be considered, such notice to be by letter mailed seven days in advance of the meeting. The author of any prefiled instrument which has been referred to committee prior to the session, or any member of the House of Representatives, unless such instrument has been considered by the committee of reference and such committee has determined its report on the instrument as provided in House Rule 6.11, may, at the time of formal referral of such instrument during the session, offer a motion for referral of the instrument to a different committee; however, if the motion is made by a member other than the author of the instrument, such motion shall not be in order unless the author of the instrument is present in the chamber at the time the motion is made. The motion to refer an instrument to a different committee shall not be in order unless the chairman of the committee of original referral is present in the chamber at the time the motion is made. If the committee report has been determined in accordance with House Rule 6.11, the author or any other member may move to discharge the committee from further consideration of the instrument in accordance with House Rule 6.13.
C. The Clerk shall retain the original and such number of copies of the prefiled instrument as are necessary for introduction when the session convenes, but shall transmit exact copies thereof to the committee of reference. A prefiled instrument may be withdrawn by its author at any time prior to introduction upon written request by the author to the Clerk, who shall reclaim such instrument from the committee of reference. Such withdrawal shall be entered in the Interim Calendar.
D. Standing committees may but shall not be required to hold hearings and consider prefiled instruments referred to them prior to the session, except as provided in Paragraph B above. However, no meeting shall be held for the consideration or hearing of an instrument prior to the third Monday in January immediately prior to the session in which the instrument shall be introduced or prior to five days after distribution of the Interim Calendar in which the entry indicating the referral of such instrument to such committee by the Speaker appears. If any member objects to its referral as provided in Paragraph B hereof, such meeting shall not be held prior to five days after the distribution of the Interim Calendar in which the entry indicating the referral of such instrument by the House and Governmental Affairs Committee appears. In its discretion, a committee may determine, prior to the session and in accordance with the rules of the House, the report it will make on the instrument during the session in which the instrument shall be introduced. The committee shall file such reports with the Clerk.
E. Each prefiled instrument shall be introduced on the first day of the session as required by the Constitution and by the rules of the House. In the case of prefiled instruments which have been referred to committee prior to the session, the Journal shall recite the committee reference on the day of introduction. At such time the author, or, if the author is present in the chamber, any other member, may offer a motion for reference of the instrument to a different committee, as provided in House Rule 6.5, unless the committee to which it was referred has determined its report on the prefiled instrument. However, the motion for reference of the instrument to a different committee shall not be in order unless the chairman of the committee of original referral is present in the chamber at the time the motion is made. If the committee report has been determined in accordance with House Rule 6.11, the author or any other member may move to discharge the committee from further consideration of the instrument in accordance with House Rule 6.13.
F. A request for legislation which is to be prefiled must be received by House Legislative Services staff not later than forty-eight hours prior to the prefiling deadline applicable to the instrument being requested.
Mason's Manual: See Sec. 733
HR 3, 1973; HR 17, 1973; HR 6, 1974; HR 19, 1997, eff. April 11, 1997; HR 46, 2005, eff. June 21, 2005; HR 76, 2007, eff. June 27, 2007; HR 4, 2008 1st Ex. Sess., eff. Feb. 22, 2008; HR 80, 2011, eff. June 21, 2011.