House Rules Committee advances revised decorum rule after rejecting substitute that limited expulsion language

Representative Carlin, a member of the House Rules Committee, proposed a substitute decorum amendment intended to define prohibited conduct and remove automatic expulsion language, but the committee voted down the substitute and ultimately approved a revised version of HR 1 and moved it to the floor.

Representative Carlin introduced his substitute, labeled H R 1.1.6, saying the proposal "has a definition of decorum that is, we believe tight and enforceable, focused on, refraining from using profanity, impugning motives, or violating procedures around privileges and recognition." He said his substitute kept a two-step discipline structure but removed language authorizing expulsion, instead providing for a warning and "up to 3 consecutive days of not being recognized on the floor" as possible discipline.

The debate centered on how far the rules could go in disciplining members without running afoul of the Montana Constitution. Representative Rivas warned that a provision on page 7 could allow a member "to be expelled from the house floor for up to 6 consecutive legislative days" and argued that "Article 5, section 10 of the Montana constitution provides that each house may expel or punish a member for good cause shown with a concurrence of 2 thirds of all its members." Code Commissioner Evarts read that constitutional language aloud for the committee.

Several members voiced differing views on the right balance between allowing robust debate and enforcing decorum. Representative Sullivan said he appreciated changes but opposed the motion, arguing that Carlin’s approach was preferable because "we would maybe be, in rule enforcing the idea that we would hear opposing viewpoints and just allow, you know, allow that to happen" without immediately withholding recognition. Representative Henkel responded that the amendment "has nothing to do with not hearing somebody or not allowing them to speak" and that it "particularly addresses breaches of decorum."

The committee considered a substitute motion to adopt Carlin’s 1.1.6 language and then a conceptual amendment to require a two-thirds threshold when overturning speaker discipline; both proposals failed on roll call votes (the substitute failed, recorded 9 ayes and 12 noes; the two-thirds conceptual amendment failed, recorded 9 ayes and 13 noes).

Chair Fitzpatrick proposed and the committee approved a typographical/conceptual correction to clarify the third-or-subsequent-offense language, and members then adopted the chair’s version of the decorum amendment on a roll call that the clerk recorded as 13 ayes and 9 noes. The committee also approved an amendment restricting interns from lobbying and removing partisan bullpen language (the chair said he removed language concerning the Democrat bullpen); that change carried on a voice vote.

With HR 1 approved "as amended," Chair Fitzpatrick said the rules package "will move to the floor." The committee adjourned after concluding business.

Votes at a glance: the committee rejected Representative Carlin’s substitute (9–12), rejected the two-thirds conceptual amendment (9–13), approved the chair’s amendment as amended (13–9), and approved the interns/bullpen amendment by voice vote.