PUTTING QUESTIONS AND VOTING
Assembly Rule 75. Stating the question. The presiding officer shall state the question before the assembly before taking any vote.
(1) Questions shall be stated substantially as follows:
(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)?"
3. “Shall amendment .... to Assembly (Senate) Bill .... be (adopted) (rejected) (laid on the table) (taken from the table)?"
(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)?"
(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?"
(d) On a conference report: “Shall the report of the committee of conference on Assembly (Senate) Bill .... be (approved) (rejected)?"
(2) The call for the vote shall be stated substantially as follows:
(a) If a voice vote: “All those in favor of .... signify by saying `aye'; those opposed, `no'."
(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)."
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.
(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.
(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.
(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.
(5) Only the members present in the assembly chamber may vote.
(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.
(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.
(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.
(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.
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.
Assembly Rule 78. Presiding officer votes. The presiding officer shall vote and be recorded on all roll call votes.
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.
(1) A pair may not be recognized unless one or both of the parties thereto are absent with leave.
(2) If one party to a pair is present and votes, the pair is invalidated.
(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.
(4) A pair is not counted as part of the official result of a vote, but shall be recorded.
(5) For the purpose of establishing a qualified majority or quorum, both members of the pair are considered not present.
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.
(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.
(3) An amendment to delete certain words and to substitute other words is one indivisible proposition.
(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.
(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:
(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.
(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.
(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.
Assembly Rule 81. Tie loses question. Whenever the assembly casts a tie vote, the question is lost.
Assembly Rule 82. Interruptions of clerk during roll call. A person may not visit or remain at the clerk's desk while a roll call vote or tabulation is in progress.
PROCEDURES UNDER CALL
Assembly Rule 83. Call of the assembly. ar83(1)(1)
Any member who obtains the floor may request a call of the assembly to require absent members to be sent for.
(2) A call of the assembly is in order at any time, including while a motion to adjourn is pending, but not when voting is in progress or a request for a leave of absence or a motion to lift a call is pending.
(3) A call of the assembly requires 15 seconds.
(4) On a call of the assembly being requested, the presiding officer shall state substantially: “It requires 15 members to second a call of the assembly; those in favor of the call will rise." If 15 members rise, the call is ordered.
Assembly Rule 84. Members to remain in chamber when under call. When a call of the assembly is ordered, the sergeant at arms shall close the doors and members may not leave the assembly chamber.
Assembly Rule 85. Sergeant to bring in absentees. When a call of the assembly is ordered, the chief clerk shall immediately call the roll of the members. At the conclusion of the call of the roll the names of absent members shall be read aloud and entered in the journal indicating those absent with leave and those absent without leave. The chief clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall proceed to bring in such absentees.
(1) If summary process is required to secure the attendance of absentees, it shall be carried out as prescribed by law.
(2) Expenses incurred by the sergeant at arms in securing the attendance of absent members may, with the consent of the assembly, be imposed upon such members.
Assembly Rule 86. Business under call. While the assembly is under call:
(1) Business may be transacted as if there were no call except that further action may not be taken on the specific question under consideration when the call was ordered.
(2) A concurrent call may be ordered on any question taken up after an initial call.
(3) All motions relating to the call, adjournment, or any recess shall be decided by a roll call vote.
(4) The sergeant at arms may at any time report on the progress or completion of the call. Any such report shall be entered in the journal.
Assembly Rule 87. Lifting a call. A call of the assembly terminates or is lifted when any of the following occurs:
(1) The sergeant at arms or the chief clerk reports that all who were absent without leave are present.
(2) A motion to lift the call is approved by a majority of the current membership.
(3) The assembly recesses or adjourns.
Assembly Rule 88. Successive calls on same question. Successive calls on the same question are not in order unless significant business, a recess, or an adjournment has intervened.
CHANGE, SUSPENSION, AUTHORITY OF RULES
Assembly Rule 89. Changing assembly rules. Assembly rules may be rescinded or changed only with the approval of a majority of the current membership by roll call vote.
(1) Any proposed change of assembly rules shall be offered as a resolution.
(2) Any resolution affecting assembly rules shall be referred by the speaker or presiding officer to the calendar for the 2nd legislative day after it is offered, or to a committee. A resolution providing for the adoption of assembly rules at the commencement of a legislative biennium may be taken up immediately after it is offered if the resolution has been provided to the assembly members-elect of the new legislature at least one week before the convening of the session.
Assembly Rule 90. Suspension of the rules. ar90(1)(1)
Any assembly or joint rule may be suspended by the unanimous consent of the members present or by a two-thirds roll call vote of the members present.
(2) When a unanimous consent request is made or a suspension of the rules is moved, the purpose sought to be accomplished thereby shall be stated.
(3) When a unanimous consent request is granted or a motion to suspend the rules prevails, only those rules are suspended that otherwise would prevent the accomplishment of the stated purpose.
(4) A unanimous consent request or a motion to suspend the rules may be made at any time under any order of business by a member who obtains the floor, but not while the assembly is voting.
(5) Unanimous consent requests and motions to suspend the rules are not permitted for frivolous, indecorous, or clearly dilatory purposes.
Assembly Rule 91. Authority and interpretation of the rules. The power to make rules governing its procedure is a constitutional power of each house of the legislature. The rules of the assembly, together with the joint rules, govern the assembly's parliamentary practice.
(1) In the absence of a pertinent assembly or joint rule, questions of parliamentary procedure are decided according to applicable rules of parliamentary practice in Jefferson's manual which are not inconsistent with constitutional or statutory provisions relating to the functioning of the legislature.
(2) Established precedents of both houses, long-established custom, opinions of the attorney general interpreting rules and precedents, and other leading parliamentary authorities such as Mason's manual may be used in the interpretation of both the assembly rules and the rules in Jefferson's manual.
Assembly Rule 92. Continuity of assembly rules. The rules of the assembly remain in effect until amended or rescinded by the assembly. At the beginning of a new biennial session, the rules of the assembly in effect at the conclusion of the preceding regular session remain in force until superseded by assembly rules adopted in the new session of the legislature.