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      HRULE 4.8     


Rule 4.8.  Required financial reports; contempt; penalties

A.(1)  Failure to file a financial disclosure report as required by law shall constitute contempt of the House of Representatives.

(2)  By not later than thirty days after the due date of the required report, the Clerk shall advise the members of the House of the names of those members who have not filed a financial disclosure report as required by law.  Any member or members may introduce a Resolution initiating procedures to find a member who has failed to file in contempt of the House of Representatives by reason of failure to file the required report.  Such Resolution shall set forth the facts concerning the failure of the member to file the report and shall set out the facts and evidence which are the basis for instituting the action to find the member in contempt.  Such Resolution shall be subject to the procedures as provided in Paragraph B below.

B.  A Resolution introduced pursuant to this Rule shall not be deemed to be a perfunctory resolution, and shall be referred to and heard by the Committee on House and Governmental Affairs.  Notice of such hearing shall be served by the sergeant at arms upon the member cited or on his attorney not less than five days prior to the date of the hearing.  At such hearing, the member cited or his attorney shall be permitted to offer any explanation, evidence in mitigation, or defense which may be relevant.  Thereafter, such Resolution shall follow the ordinary procedure of a House Resolution.  Final passage of the Resolution shall be by record vote.

C.  Upon adoption of a Resolution finding a member in contempt of the House of Representatives as provided in this Rule, the House shall establish the penalty to be assessed for the contemptuous behavior by adoption of a motion.  Such penalty shall be a fine of not in excess of one thousand dollars and suspension of payment of all compensation from the House of Representatives until the required report is filed.  Enforcement of the judgment shall be by rule to make the same executory instituted before the Nineteenth Judicial District Court.

HR 13, 1st Ex. Sess., 1975; HR 15, 1st Ex. Sess., 1975; HR 28, 1991; HR 20, 1992; HR 1, 1994; HR 3, 1999.

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