October 8, 2019 - Introduced by
Committee on Rules. Referred to Committee on
Rules.
AR12,1,9
1To renumber and amend assembly rule 31 (8), assembly rule 31 (9), assembly rule
231 (10), assembly rule 31 (11), assembly rule 31 (12) and assembly rule 31 (13);
3to amend assembly rule 11 (4), assembly rule 13 (1) (c), assembly rule 15 (2),
4assembly rule 42 (3) (c), assembly rule 43 (2), assembly rule 55m (1), assembly
5rule 67, assembly rule 69 (1), assembly rule 73 (1) (a), assembly rule 73 (1) (b),
6assembly rule 90 (4), assembly rule 95 (6) and assembly rule 96; and
to create
7assembly rule 11 (12), assembly rule 32 (3m), assembly rule 65 (2) (i), assembly
8rule 73 (3m), assembly rule 73m and assembly rule 83 (2m);
relating to: the
9assembly rules.
Analysis by the Legislative Reference Bureau
This resolution makes the following changes to the assembly rules:
Appearance at committee meetings by telephone or other means of
telecommunication or electronic communication
The resolution amends the assembly rules to allow a standing committee
chairperson during any biennial session to permit a member to participate in
committee meetings by telephone or by other means of telecommunication or
electronic communication, and be considered present for all purposes, including
voting, if several things occur. First, the member must have contacted the
legislature's human resources office in that biennial session and presented to the
office written documentation that demonstrates the member has a permanent
disability and is unable to attend committee meetings on a regular basis. Second, the
human resources office certifies in writing that the member has a permanent
disability and is unable to attend committee meetings on a regular basis and
provides a written copy of the certification to the speaker and minority leader. Third,
the speaker and minority leader authorize the member to participate in committee
meetings during the biennial session by telephone or by other means of
telecommunication or electronic communication, and be considered present for all
purposes, including voting. Fourth, the member must have made a request to the
chairperson at least two hours before the committee meeting.
Establishing time limits for debate
Current assembly rules require the majority leader and the minority leader to
meet to adopt reasonable recommendations for time limits and schedules for floor
debate. If the majority leader and the minority leader reach agreement, the
Committee on Rules must include the time limits and schedules for floor debate in
the recommendations on the calendar for that day.
The resolution amends the assembly rules to require the majority leader and
the minority leader to meet to adopt reasonable recommendations for time limits and
schedules for floor debate for each proposal on the daily calendar. If the majority
leader and the minority leader reach agreement, the Committee on Rules must
include the time limits and schedules for floor debate for each proposal in the
recommendations on the calendar for that day.
The resolution further provides that if the majority leader and the minority
leader do not reach agreement, the Committee on Rules must establish time limits
and schedules for floor debate for each proposal in the recommendations on the
calendar for that day.
Dilatory motions
Current assembly rules provide that when it appears to the presiding officer
that any motion or procedure is being used for the purpose of delay, the presiding
officer must declare it dilatory and out of order. The resolution amends the rules to
include specifically a motion to recess for purposes of a partisan caucus as one of the
covered motions or procedures.
Call of the assembly
Current assembly rules permit any member who obtains the floor to request a
call of the assembly to require absent members to return to the assembly chamber.
Any such request requires 15 members to second the call. The resolution permits the
presiding officer to order a call of the assembly, without any seconds.
Orders of business
The resolution amends the assembly rules to renumber and move the 8th Order
of Business after the13th Order of Business on the daily calendar. The 8th Order of
Business deals with consideration of resolutions. The resolution further provides
that any resolution that would otherwise be considered under the renumbered 8th
Order of Business, which is the new 13th Order of Business, may be taken up at any
time during the floor day by motion. Any such motion is nondebatable.
Withdrawing proposals from committee
Current assembly rules provide that a motion to withdraw a proposal from
committee is in order only on the first day in any week on which the call of the roll
is taken under the 1st Order of Business. Also, currently, motions to suspend the
rules to withdraw a proposal from committee and take it up on the floor may be made
during the current 13th Order of Business.
The resolution provides that motions to withdraw a proposal from committee,
including unanimous consent requests or motions to suspend the rules to withdraw
a proposal from committee, are in order only during the new 12th Order of Business.
Motion to return a proposal to second reading stage
The resolution amends the assembly rules to provide that a motion may be
made while a proposal is under consideration to return the proposal to the second
reading stage. Any such motion is nondebatable and must be decided by a vote of a
majority of members present and voting.
Determination of legislative day for purposes of referral of proposals to
calendar
Currently, the speaker may withdraw a proposal from a standing committee
and rerefer it to another standing committee or to a special committee or refer it to
the calendar for the second legislative day thereafter. To do this, the speaker must
have the approval of the committee chairperson.
The resolution amends the assembly rules to provide that for purposes of
determining “the second legislative day thereafter,” the Monday before a scheduled
floorperiod shall be counted as the first legislative day.
Reconsideration of assembly decisions on vetoes
Currently, assembly decisions on vetoes are not subject to reconsideration. The
resolution amends the assembly rules to provide that assembly decisions on vetoes
of proposals that failed to pass notwithstanding the objections of the governor are
subject to reconsideration at any time and any number of times during the legislative
biennium.
Definition of assembly chamber