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ar69(4) (4) While a motion remains undecided pending the presiding officer's ruling on a point of order taken under advisement, it is dilatory to enter a substantially similar motion on the same question, but it is proper to request an expansion of the question under advisement.
[(4) am. 2001 A.Res. 3]
ar69m Assembly Rule 69m. Motion to recess. A motion to recess to a day of the year other than the day of the year on which the motion is made shall be treated the same as, and has the same effect as, a motion to adjourn.
[cr. 1995 A.Res. 2]
ar70 Assembly Rule 70. Adjourning.
ar70(1)(1) A motion to adjourn is always in order including when the assembly is under call, but not while the assembly is voting or another member has the floor or while the assembly has recessed for a party caucus and is not under call.
ar70(2) (2) A motion to adjourn to a fixed time other than that prescribed by rule 28 is debatable and amendable as to the proposed time for convening.
ar70(3) (3) A simple motion to adjourn is not debatable or amendable.
ar70(4) (4) A motion to fix the time for convening the next daily session may be amended by altering the time. The motion is debatable and in order only when no other main question is before the assembly.
[(1) am. 1995 A.Res. 2]
ar71 Assembly Rule 71. Ending debate.
ar71(1)(1) When a proposal is under consideration, any member who obtains the floor may move that debate on the proposal be ended. Any such motion shall be seconded by at least 15 members, may not be debated, and is decided by a roll call vote.
ar71(2) (2) If the motion prevails, debate on the proposal ends and all pending and subsequently entered motions concerning the proposal are decided without debate in the order prescribed by the assembly rules.
ar72 Assembly Rule 72. Postponing; rejecting; referring. When a motion to postpone to a day or time certain, to postpone indefinitely, to reject, to nonconcur, or to refer to a specific standing or special committee has failed, it may not be allowed again on the same day at the same stage in the consideration of that proposal.
[am. 1989 A.Res. 2]
ar73 Assembly Rule 73. Reconsidering. A motion to reconsider an assembly decision on any question may only be made by a member who voted with or was paired with the side that prevailed on that question, except that in the case of a tie vote or voice vote any member may move reconsideration.
ar73(1) (1) The motion to reconsider:
ar73(1)(a) (a) May be applied only to: 1) final assembly decisions on amendments; and 2) final assembly decisions on proposals made at the conclusion of any given stage of a proposal's consideration.
ar73(1)(b) (b) May not be applied to: 1) the assembly's approval of a conference committee report or of a resolution confirming a nomination for appointment under rule 51m; 2) the assembly's decision on a veto; or 3) an assembly action to recede from its position on a proposal so as to agree with the position of the senate.
ar73(2) (2)
ar73(2)(a)(a) A motion to reconsider any decision, other than passage of or concurrence in a proposal, may only be entered after the question to which the motion relates has been decided and must be entered either: 1) before the relating clause of the next proposal is read by the clerk, the next order of business is announced by the presiding officer, or other business is begun; or 2) on the 7th order of business on the 2nd legislative day thereafter.
ar73(2)(b) (b) For any decision other than passage, adoption, concurrence, indefinite postponement, rejection, or nonconcurrence, the motion for reconsideration shall be considered when the proposal is next regularly scheduled for consideration.
ar73(3) (3)
ar73(3)(a)(a) A motion for reconsideration of the vote by which a proposal is passed, adopted, concurred in, indefinitely postponed, rejected, or nonconcurred in may be entered: 1) before the relating clause of the next proposal is read by the clerk, the next order of business is announced by the presiding officer, or other business is begun; or 2) on the 7th order of business on the next legislative day thereafter. Any motion to reconsider such final action shall be taken up immediately if the roll call day on which it is entered is already the next actual day following the vote constituting final action on the proposal.
ar73(3)(b) (b) On the final legislative day of the last general-business floorperiod preceding the veto review session in any legislative biennium, any pending motion to reconsider shall be taken up on the 7th order of business on that day. Any motion to reconsider entered subsequently may be taken up at any time on that day by vote of a majority of the members present and voting.
ar73(4) (4)
ar73(4)(a)(a) A motion to reconsider the decision on an amendment shall be placed on the same calendar as the motion to reconsider the final 2nd reading stage decision on the proposal to which the amendment relates, regardless of when made. The failure of any calendar that has been provided to members to show a motion to reconsider a decision on an amendment does not prevent the consideration of the motion under the proper order of business on that calendar day.
ar73(4)(b) (b) Reconsideration of decisions on amendments follows the sequence in rule 55 for consideration of amendments.
ar73(4)(c) (c) A motion to reconsider a decision on any amendment may not be considered unless the final decision on the proposal at the end of the 2nd reading stage is reconsidered, returning the proposal to the amendable stage. If the engrossed proposal consists of a substitute amendment, with or without adopted amendments, both the vote to engross and the vote to adopt the substitute amendment must be reconsidered to return the proposal to the amendable stage.
ar73(5) (5) The decision on any motion to reconsider is final and may not be reconsidered, but motions to reconsider subsequent decisions on the same proposal, at the same or a later stage, are in order if otherwise permitted under this rule.
ar73(6) (6) Once a motion to reconsider is entered, it may be withdrawn only by the member who made the motion and only before the expiration of the time for making the motion unless thereafter authorized by the assembly.
ar73(7) (7) A motion to reconsider is only debatable when the question to which it relates is debatable. In any such debate, a member may not speak more than once or for more than 3 minutes.
ar73(8) (8) The adoption by both houses of a joint resolution returning a proposal to the assembly for further action returns the proposal to the stage specified in the resolution. The adoption of a motion for reconsideration is not required to reach that stage.
ar73(9) (9) When a motion to reconsider has been entered to return a proposal to the amendable stage, while the motion is pending, any member may offer new amendments to that proposal before the vote on the motion to reconsider. Any such new amendments shall be provided to the members.
ar73(10) (10) The entering of a motion for reconsideration does not impair the effectiveness of any adopted resolution relating to the officers, members, procedures, or organization of the assembly.
[(1)(b), (2), (3)(a), (4)(a) and (c) and (6) am. 1995 A.Res. 2]
[(2)(a) and (3)(a) am. 1997 A.Res. 2]
[(4)(a) and (9) am. 1999 A.Res. 3]
[(3)(b) and (9) am. 2001 A.Res. 3]
[(2)(a), (3)(a) and (9) am. 2003 A.Res. 3]
[(3)(a) am. 2007 A.Res. 4]
ar74 Assembly Rule 74. Tabling; taking from table. A motion to table disposes of a matter temporarily. The committee on rules may refer any tabled matter to an appropriate calendar. Unless the referral has been made, a tabled matter may be taken from the table at any time by order of the assembly.
ar74(1) (1) A motion to table a matter is in order only if the matter is currently before the assembly.
ar74(2) (2) A motion to table or to take from the table may not be amended, but may be debated for not exceeding 10 minutes. In debating a motion to table or to take from the table, a member may not speak for more than 2 minutes.
ar74(3) (3) A motion to table may not be applied to procedural motions, except that a motion to withdraw a proposal from committee may be tabled if the motion to withdraw does not involve a suspension of the rules.
[(title) and (2) am. 1995 A.Res. 2]
Chapter 9:
PUTTING QUESTIONS AND VOTING
ar75 Assembly Rule 75. Stating the question. The presiding officer shall state the question before the assembly before taking any vote.
ar75(1) (1) Questions shall be stated substantially as follows:
ar75(1)(a) (a) On 2nd reading:
1. "Shall Assembly Bill .... be (ordered engrossed and read a 3rd time) (indefinitely postponed)?"
2. "Shall Senate Bill .... be (ordered to a 3rd reading) (nonconcurred in)?"
ar75(1)(adopted) 3. "Shall amendment .... to Assembly (Senate) Bill .... be (adopted) (rejected) (laid on the table) (taken from the table)?"
ar75(1)(b) (b) On 3rd reading:
1. "Assembly Bill .... , having been read 3 times, shall the bill be (passed) (indefinitely postponed)?"
2. "Senate Bill .... , having been read 3 times, shall the bill be (concurred in) (nonconcurred in)?"
3. "Assembly Joint Resolution .... , having been read 3 times, shall the joint resolution be (adopted) (rejected)?"
4. "Senate Joint Resolution .... , having been read 3 times, shall the joint resolution be (concurred in) (nonconcurred in)?"
ar75(1)(c) (c) On a motion for reconsideration: "Shall the vote by which (Assembly) (Senate) Bill .... was (ordered to a third reading, indefinitely postponed, passed, etc.) be reconsidered?"
ar75(1)(d) (d) On a conference report: "Shall the report of the committee of conference on Assembly (Senate) Bill .... be (approved) (rejected)?"
ar75(2) (2) The call for the vote shall be stated substantially as follows:
ar75(2)(a) (a) If a voice vote: "All those in favor of .... signify by saying `aye'; those opposed, `no'."
ar75(2)(b) (b) If a roll call vote: "All those in favor of .... will vote `aye'; those opposed, `no'. The clerk will open the roll (call the roll)."
[(1)(a) 3. am.; (1)(d) cr. 1995 A.Res. 2]
ar76 Assembly Rule 76. Voting.
ar76(1)(1) Unless otherwise required by the state constitution, by law, or by legislative rule, all questions are decided by a majority of a quorum.
ar76(2) (2) Unless a roll call vote is required by the state constitution, by law, or by legislative rule, any question before the assembly may be decided by voice vote. The presiding officer shall decide and announce the outcome of each voice vote and, when so announced, the decision of the presiding officer is final.
ar76(3) (3) A roll call vote shall be taken when the recording of the "ayes" and "noes" is required by the state constitution, by law, or by legislative rule, when ordered by the presiding officer, or when requested by a member with the support of 15 seconds.
ar76(4) (4) When the voting machine is available, the machine may be used to record the "ayes" and "noes." When the voting machine is not available, the chief clerk shall call and tally the roll. On all roll call votes, the record produced by the voting machine or the chief clerk's tally is official and final.
ar76(5) (5) Only the members present in the assembly chamber may vote.
ar76(6) (6) During a roll call vote, any member may raise the point of order that a member appears to be absent from the chamber but is shown as voting according to the roll call display boards. If the presiding officer rules the point of order "well taken", the vote of the absent member may not be recorded.
ar76(7) (7) Any interruption of a roll call vote, from the time the voting machine is opened or the calling commenced to the announcement of the official totals by the presiding officer, is out of order except to raise a point of order concerning the taking of the vote.
ar76(8) (8) After the voting machine is closed or the calling completed, a member's request to be recorded as voting or as voting contrary to the way shown in the official record shall be shown in the journal, but does not alter the outcome of the roll call vote.
ar76(9) (9) The official record of the roll call vote, and the account of the roll call vote in the daily journal, shall show the names and total number of those voting "aye", of those voting "no", and of those absent or not voting.
ar77 Assembly Rule 77. Voting mandatory; exceptions. When a question is put every member present shall vote either "aye" or "no" unless paired with another member who is absent with leave, or unless the assembly for special cause excuses the member from voting.
ar78 Assembly Rule 78. Presiding officer votes. The presiding officer shall vote and be recorded on all roll call votes.
ar79 Assembly Rule 79. Pairs. Members may pair on any question by filing a signed statement with the chief clerk indicating the questions on which they wish to be paired. The chief clerk shall read the pair to the assembly before the vote is taken. A "pair" form for the use of members shall be provided by the chief clerk.
ar79(1) (1) A pair may not be recognized unless one or both of the parties thereto are absent with leave.
ar79(2) (2) If one party to a pair is present and votes, the pair is invalidated.
ar79(3) (3) Pairs are applicable to the main questions on a proposal and do not apply to amendments or procedural motions unless the pair so specifies.
ar79(4) (4) A pair is not counted as part of the official result of a vote, but shall be recorded.
ar79(5) (5) For the purpose of establishing a qualified majority or quorum, both members of the pair are considered not present.
[(5) cr. 1995 A.Res. 2]
ar80 Assembly Rule 80. Division of the question.
ar80(1)(1) Any member may request a division of simple amendments and motions involving distinct and independent propositions or concurrent actions if they are severable without being rewritten or restated, and the question shall be divided if each separate proposition or action to be voted on is complete and proper regardless of the action taken on any other portion of the original question.
ar80(2) (2) If it is the opinion of the presiding officer that the proposed division of a simple amendment is unduly complex or the purpose of the division can be more clearly or simply accomplished by amendment, or that a call for a division is being used as a substitute for a series of amendments, the question may not be divided.
ar80(3) (3) An amendment to delete certain words and to substitute other words is one indivisible proposition.
ar80(4) (4) Bills, joint resolutions, resolutions, and substitute amendments, and amendments received from the senate for assembly concurrence, may not be divided. A bill vetoed in its entirety by the governor may not be divided. A report of a committee of conference may not be divided.
ar80(5) (5) When a bill has been vetoed in part and the assembly considers a specific item for passage notwithstanding the objections of the governor, any member may request that the item be divided. The item may be divided on request by a member if:
ar80(5)(a) (a) The request proposes to so divide the item that each separate proposition, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original item.
ar80(5)(b) (b) It is the opinion of the presiding officer that the item involves distinct and independent propositions capable of division and that the division will not be unduly complex.
ar80(6) (6) When a bill has been vetoed in part the committee on rules may, by a resolution offered under rule 33, propose to schedule a specific part as a special order. When appropriate, the resolution may divide the part into one or more independent propositions and dependent propositions. The proposed division must include at least one separate proposition that, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original part. The presiding officer shall first put the question on the independent proposition. The question on any proposition dependent thereon may be put only if the independent proposition has been passed notwithstanding the objections of the governor.
[(4) am. 1989 A.Res. 2]
[(4) and (6) am. 1995 A.Res. 2]
[(2), (4), (5)(b) and (6) am. 2001 A.Res. 3]
ar81 Assembly Rule 81. Tie loses question. Whenever the assembly casts a tie vote, the question is lost.
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