Point of order:
Senator Chvala raised the point of order that a motion to suspend the rules, withdraw from committee on Agriculture, Environmental Resources and Campaign Finance Reform is an inappropriate motion at this time.
The Chair took the point of order under advisement.
Senate Journal of February 1, 2000 .......... Page: 413
Ruling of the Chair:
On Tuesday, January 25, 2000, the Senator from the 14th, Senator Welch, moved that the rules be suspended and that Senate Bill 273 be withdrawn from the Committee on Agriculture, Environmental Resources and Campaign Finance Reform and taken up at this time.
The Senator from the 16th raised a point of order that the motion was out of order at this time.
The Chair took the point of order under advisement.
Mason's Manual, Section 282(2) speaks to this circumstance. It reads in part:
"A motion to suspend the rule may be made either under the order of business of motions and resolutions or under the order of business which relates to the matter proposed to be considered under suspension of the rules".
The Senate has established a clear precedent over the past 20 years or more that motions to withdraw a proposal from committee are to be made under the 14th Order of Business, Motions may be offered. One of the most recent written rulings on this was in the 1982 session, when the Senator from the 14th, at that time, Senator Lorge, moved that Senate Bill 493 be withdrawn from committee and taken up immediately. A point of order was raised that the motion was not properly before the Senate. The Chair ruled the point well taken, based on previous rulings the precedent of the Senate was well established that motions to withdraw bills is restricted to the 14th order of business.
It is clear to the Chair, that although the general belief is that a motion to suspend the rules may be made at anytime, that is true only under the order of business which relates to the matter proposed to be considered. Mason's Manual, section 282(1) also states that a motion to suspend the rules may be made at anytime when no question is pending. The motion by the Senator from the 14th, was made while a question relating to Assembly Joint Resolution 48 was pending. Also, the motion related to a Senate Bill. Senate bills are considered under the 11th Order of Business, the Senate was on the 12th Order of Business when the motion was entered.
The precedent of the Senate is very clear, motions related to the withdrawal of proposals from committee are to be made on the 14th Order of Business. The motion offered by the Senator from the 14th was not in compliance with Section 282 of Mason's Manual, now therefore, it is the opinion of the Chair that the point of order raised by the Senator from the 16th, Senator Chvala, is well taken.
[Note:] The motion to withdraw is not listed as one of the permissible motions when a question is under debate:
Senate Rule 63. Motions in order during debate.
(1) When a question is under debate, a motion may not be received except:
Senate Rule 17 (1) (n) Fourteenth order. Motions may be offered.
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Assembly Journal of March 28, 1996 .......... Page: 1067
Point of order:
Representative Black rose to the point of order that Assembly Bill 375 was not properly before the Assembly because under Assembly Rule 29(4), the Assembly must complete action on all proposals on a delayed calendar before continuing on today's calendar.
Ruling on the point of order:
The chair (Representative Duff) ruled the point of order not well taken, because under Assembly Rule 32 (1), the regular order of business may be interrupted or changed at the discretion the presiding officer.
[Note:] Assembly Rule 29 (4) Unless otherwise ordered, after completion of the 4th order of business on the calendar for the current date, and before consideration of the 5th and succeeding orders on that calendar, unfinished matters entered under orders of business on previous calendars shall be taken up and completed in order by order of business and calendar date.
Assembly Rule 32 (1) was later amended to read:
Assembly Rule 32. Variations in the regular order; special orders. The regular order of business may be interrupted or changed under the following conditions:
(1) At the discretion of the presiding officer, at any time during the session except while the assembly is voting, but only under the following conditions:
Point of order: appeal of ruling
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Assembly Journal of January 28, 2003 .......... Page: 33
Point of order:
Representative Freese rose to the point of order that Assembly amendment 3 to Assembly Bill 1 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Gard ruled the point of order well taken.
Representative Black 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-59, Noes-38. Motion carried.
[Note:] The bill prohibited official action in return for providing or withholding political contributions. The amendment prohibited the payment of attorney fees for public officials accused of violations of the ethics code.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of February 20, 2003 .......... Page: 75
Assembly Journal of February 20, 2003 .......... Page: 78
Point of order:
Representative Freese rose to the point of order that Assembly amendment 1 to Senate Bill 1, January 2003 Special Session was not germane under Assembly Rule 93(1).
Ruling on the point of order:
Speaker Gard ruled the point of order well taken.
Representative Boyle 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-59, Noes-37. Motion carried.
[Note:] Assembly Rule 93. Special, extended, or extraordinary sessions. Unless otherwise provided by the assembly for a specific special, extended, or extraordinary session, the rules of the assembly adopted for the regular session, subject to the following modifications, apply to each special session called by the governor and to each extended or extraordinary session called by the assembly and senate committees on organization or called by a joint resolution adopted by one house and concurred in by the other house:
(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 February 21, 2003 .......... Page: 83
Point of order:
Representative Jensen rose to the point of order that Assembly amendment 1 to Senate Bill 41 was not germane under Assembly Rule 54 (3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Cullen 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-57, Noes-36. Motion carried.
[Note:] The bill established legislative approval of Indian gaming compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of March 12, 2003 .......... Page: 107
Point of order:
Representative Foti rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 144 was not germane under Assembly Rule 54.
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Foti that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 144 was not germane under Assembly Rule 54.
Representative Boyle 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-60, Noes-38. Motion carried.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The amendment dealt with the licensing and regulation of amusement devices under the state lottery.
Assembly Rule 54 (1) General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(b) An amendment that accomplishes the same purpose in a different manner.
(e) An amendment relating only to particularized details.
Assembly Journal of March 12, 2003 .......... Page: 108
Point of order:
Representative Hebl rose to the point of order that Assembly substitute amendment 2 to Assembly Bill 144 was not germane under Assembly Rule 54 (3) (e).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
Representative Hebl 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-58, Noes-39. Motion carried.
[Note:] The bill limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also required legislative approval of proposed Indian gaming establishments located on certain Indian trust lands.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of March 12, 2003 .......... Page: 111
Point of order:
Representative Foti rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 144 was not germane under Assembly Rule 54.
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-58, Noes-38. Motion carried.
[Note:] The substitute amendment limited the governor's authority to negotiate Indian Gaming Compacts. The substitute amendment also dealt with the licensing and regulation of amusement devices under the state lottery.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(a) One individual proposition amending another individual proposition.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Rule 54 (4) Amendments that are germane include:
(e) An amendment relating only to particularized details.
Assembly Journal of March 18, 2003 .......... Page: 131
Point of order:
Representative Jensen rose to the point of order that Assembly amendment 3 to Assembly substitute amendment 2 to Assembly Bill 61 was not germane under Assembly Rule 54.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Miller 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-58, Noes-40. Motion carried.
[Note:] The substitute amendment created a wireless 911 fund and surcharge to be paid into the fund. The amendment provided that money from the fund would be used for grants for the prosecution of domestic violence.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
