Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Carpenter appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 3 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Carpenter appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 4 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Carpenter appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-50, Noes-43. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 5 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Plouff appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-51, Noes-42. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session, and expanded the call of the extraordinary session to cover the additional proposal.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 6 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Robson appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-50, Noes-43. Motion carried.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session, and expanded the call of the extraordinary session to cover the additional proposal.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 804
Point of order:
Representative Foti rose to the point of order that Assembly amendment 7 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 21, 1998 .......... Page: 806
Point of order:
Representative Foti rose to the point of order that Assembly amendment 8 to Senate Joint Resolution 47 was not germane under Assembly Rule 93 (1).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The joint resolution revived over 125 proposals for consideration in an extraordinary session called by the organization committees. The amendment added a proposal to the list in the joint resolution but it was not in the call of the extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Assembly Journal of April 28, 1998 .......... Page: 823
Point of order:
Representative Foti rose to the point of order that Assembly Joint Resolution 130 was not properly before the Assembly under Assembly Rule 93 (1) and Joint Rule 81 (2).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Hubler appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-52, Noes-46. Motion carried.
[Note:] The joint resolution revived two proposals for consideration in extraordinary session. It was offered in the extraordinary session and was not offered by one of the committees permitted to offer proposals in extraordinary session.
Assembly Rule 93 (1) A proposal or amendment may not be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature.
Joint Rule 81 (2) (b) Any extended floorperiod or extraordinary session shall be limited to the business specified in the action by which it is authorized.
(c) Following the official call of any special or extraordinary session, the joint committee on employment relations or on legislative organization, the committees on organization in each house, and any committee of either house so authorized under the rules thereof, may introduce or offer proposals germane to the call, and such proposals may be numbered, referred to committee, and reproduced in advance of the special or extraordinary session under the customary procedures of each house.
1 9 9 5 A S S E M B L Y
Assembly Journal of September 27, 1995 .......... Page: 507
Point of order:
Representative Plache rose to the point of order that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane under Assembly Rule 54(3)(f).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of September 27, 1995 .......... Page: 508
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Plache that Assembly substitute amendment 1 to Assembly Bill 1, September 1995 Special Session was not germane because the bill and the substitute amendment have virtually the same relating clause except eliminated the room tax and the highway infrastructure which, according to Assembly Rule 54(4)(c), is germane because it was limiting the scope of the proposal.
Assembly Bill 1, September 1995 Special Session created a local professional baseball park district in certain jurisdictions that is made up of multi counties contiguous to that county and that is two counties.
Assembly substitute amendment 1 also establishes a professional baseball park made up of multi counties that are contiguous and that is five counties.
Both the bill and the substitute amendment have components that deal with governance those differences that are within the components are different based on a particularized details of the jurisdictions. Both refer to jurisdiction in the plural.
Assembly Bill 1, September 1995 Special Session and Assembly substitute amendment 1 are both germane to the special session call. Where in fact, on the previous ruling dealing with the luxury box should have taken this point into consideration.
In the previous ruling of Assembly amendment 23 to Assembly substitute amendment 1, I neglected to include in that ruling that the amendment is not germane to the call under Assembly Rule 93(1) because no proposal may be considered by the Assembly unless they are germane to the session. We established that it was an expansion based on the fact we had a one tenth of one percent local taxing jurisdiction compared to the amendment that was offering to do a 5.5% in most taxing jurisdictions or most counties and was available to do in all 72 counties if there were indeed a professional type of facility that would use the luxury sky box or that type of system so it was an expansion because it not only raised it from one-tenth of one percent at a local jurisdiction but it was establishing 5.5% statewide sales tax opportunity.
Assembly amendment 23 to Assembly substitute amendment 1 also is dramatically different from the standpoint that it is an expansion, Assembly substitute amendment 1 is dealing with particularized details in the fact that we're dealing with a multi county jurisdiction in both the substitute and the bill.
Representative Plache appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken. The vote was: Ayes-52, Noes-47. Motion carried.
[Note:] Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Interruptions: when authorized
1 9 9 5 A S S E M B L Y
Assembly Journal of May 8, 1996 .......... Page: 1119
Point of order:
Representative Carpenter moved that the Speaker Pro Tempore be removed as the presiding officer.
Representative Duff rose to the point of order that the motion to remove the Speaker Pro Tempore as the presiding officer was not properly before the Assembly under Assembly Rules 65 and 66.
Speaker Prosser in the chair.
Representative Carpenter withdrew his motion that the Speaker Pro Tempore be removed as the presiding officer.
[Note:] The motion to remove the speaker was not listed under rule 65 or 66. The procedure for removal of an officer is set out in rule 1. The procedure to reprimand, censure, or expel an officer is set out in rules 43 (3) and 21.
Assembly Rule 65. Privileged and subsidiary motions and requests during debate.
(1) When a main question is under debate the following privileged motions and requests are in order if appropriate under the rules governing motions, requests, and proposals:
Assembly Rule 66. Incidental motions, requests and questions during debate.
Assembly Rule 66 (1) In addition to the motions and requests listed in rule 65 (1) and (2), and subject to the limitations imposed by other rules, the following incidental motions, requests, and questions are in order while a proposal or question is under debate:
Assembly Rule 1. Assembly officers. As early as possible in each legislative biennium, the assembly shall elect from among its members, by roll call vote of a majority of those present, a speaker of the assembly and a speaker pro tempore, and from outside its membership a chief clerk and a sergeant at arms. Those officers shall serve for the legislative biennium unless separated by death, resignation, or removal by a majority of the current membership of the assembly. A midterm vacancy in any of those offices shall be filled by an election scheduled by the speaker as a special order of business.
Mason's Manual Sec. 581. Removal of Presiding Officer.
1. A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified.
Sec. 581, Par. 1: In re Speakership of the House of Representatives (1890), 15 Colo. 520, 25 P. 707; Jefferson, Sec. IX; Reed, Sec. 36; Malone v. Meekins (Alaska 1982), 650 P.2d 351.
2. When there is no fixed term of office, an officer holds office at the pleasure of the organization or until a successor is elected and qualified.
Sec. 581, Par. 2: Ostrom v. Greene (1897), 45 N.Y.S. 852.
Article IV, 30 Elections by legislature. Section 30. All elections made by the legislature shall be by roll call vote entered in the journals.
Article XIII, 6 Legislative officers. Section 6. The elective officers of the legislature, other than the presiding officers, shall be a chief clerk and a sergeant at arms, to be elected by each house.
Assembly Rule 43 (3) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall identify the charges against the officer or member cited and shall be referred to the committee on ethics and standards of conduct for review under rule 21.
Assembly Rule 21. Ethics and standards of conduct, special committee on.
(1) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall be referred to a special committee on ethics and standards of conduct, convened for the purpose of holding one or more public hearings on the resolution and submitting the committee's recommendation to the assembly. The special committee shall consist of 3 members of the majority party and 3 members of the minority party, appointed as are the members of standing committees.
(2) The hearing shall be scheduled as soon as possible, allowing reasonable time to ascertain the facts of the controversy, to furnish a copy of the detailed written charges to the officer or member cited, and to permit that person to prepare a proper defense.
(3) At the hearing, the officer or member cited may have the advice of counsel, may offer testimony to mitigate or refute the charges, and may cross-examine any witness testifying in support of the charges.
(4) With the consent of the officer or member cited, the committee may vote to close parts of the hearing to the public.
(5) Promptly after the conclusion of the hearing, the committee shall return the resolution to the assembly together with a written report containing the committee's recommendation for action on the resolution.
