Representative Jensen asked unanimous consent that Assembly Bill 557 be laid on the table. Granted.
Representative Hubler withdrew her point of order.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of October 11, 1995 .......... Page: 583
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and that the Assembly stand adjourned under Assembly Rule 28 (2).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of November 14, 1995 .......... Page: 655
Point of order:
Representative Travis rose to the point of order that Assembly Bill 69 was not properly before the Assembly under Assembly Rules 32(1)(a), 35(1), 42(1)(a) & (3), and 52(2)(b).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken. Under Assembly Rule 95(60) Senate amendment 3 to Assembly Bill 69 is not considered a proposal, making the point of order raised under Assembly Rule 32(1)(2) not well taken. The Senate adopted Senate amendment 3 to Assembly Bill 69 last week, making the point of order raised under Assembly Rule 35(1) not well taken. Senate amendment 3 to Assembly Bill 69 does not require a second reading reading, making the point of order raised under Assembly Rule 42(1)(a) not well taken. Senate amendment 3 to Assembly Bill 69 is only considered a proposal for the purpose of amending, making the point of order raised under Assembly Rule 52(2)(b) not well taken.
[Note:] Assembly Rule 32 (1) (a) Except as otherwise provided in this paragraph, messages from the senate or from the governor may be received and read, and any proposal referenced in the messages that is a senate proposal initially received for consideration of the assembly shall be referred and any other proposals referenced in the messages shall be taken up immediately unless referred by the presiding officer to a standing committee or to the calendar. Any messages from the senate referring to a senate joint resolution memorializing Congress or any branch or officer of the federal government that is received for consideration of the assembly may be read but the senate joint resolution may not be received for consideration. The senate joint resolution shall be transmitted to the senate immediately after the message is read;
Assembly Rule 35 (1) A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
Assembly Rule 42 (1) (a) Any proposal that requires 2 or more readings shall be referred by the presiding officer or speaker to committee, or to the calendar for the 2nd legislative day following the referral, or to the committee on rules.
Assembly Rule 42 (3) (a) Beginning on inauguration day and on any day of the regular biennial session period, proposals may be introduced or offered and referred by the speaker or presiding officer if the action is not in conflict with any limitations imposed by the session schedule or otherwise agreed to by both houses.
Assembly Rule 52 (2) (b) Solely for the purpose of amending, senate amendments presented to the assembly for concurrence are treated like proposals; therefore, an amendment to a simple amendment to a senate amendment is in order.
Assembly Rule 95 (60) Proposal: A resolution, joint resolution, or bill put before the assembly for consideration.
Assembly Journal of March 14, 1996 .......... Page: 930
Point of order:
Representative Jensen rose to the point of order that the motion to program all the phones in the Assembly Chamber to be able to make outside calls was out of order.
The chair (Representative Duff) took the point of order under advisement.
Assembly Journal of March 14, 1996 .......... Page: 931
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well-taken the point of order raised by Representative Jensen that the motion to have all the phones in the Assembly Chamber programmed to be able to make outside calls was out of order.
[Note:] The motion did not relate to parliamentary procedure.
Assembly Rule 95 (56) Point of order: A request that the presiding officer rule on a matter of parliamentary procedure.
Assembly Journal of March 25, 1996 .......... Page: 1015
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and that the Assembly stand adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order raised by Representative Hubler that the Assembly stand adjourned under Assembly Rule 28 (2) well taken.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of May 7, 1996 .......... Page: 1115
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and that the Assembly stand adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
Assembly Journal of May 7, 1996 .......... Page: 1116
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order raised by Representative Hubler that the Assembly stand adjourned under Assembly Rule 28 (2) well taken.
[Note:] The 8:00 P.M. rule was later repealed.
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.
Assembly Journal of May 9, 1996 .......... Page: 1144
Point of order:
Representative Carpenter rose to the point of order that Assembly Joint Resolution 102 was not properly before the Assembly under Assembly Rules 36(a), 36(b), 36(c) and 36(2).
Ruling on the point of order:
Speaker pro tempore Freese ruled the point of order not well taken.
[Note:] The rules cited relate to clerical corrections in proposals.
