July 8, 2009 |
2009-R-0249 | |
STATES LIMITING LEGISLATIVE DEBATE | ||
| ||
By: Meghan Reilly, Legislative Analyst |
You asked for information on rules and procedures in other states (1) limiting debate, specifically debate on bills, rather than motions or other activity, and (2) preventing filibusters and providing for cloture.
SUMMARY
Only 15 state legislative bodies do not prospectively limit debate. Those states limiting debate generally do so by setting speech limits for individual members, limits on the opportunities to speak, or limits on the total length of debate on a question. All but 10 state legislative bodies also have measures to limit debate on the floor, most using the form of the motion for the previous question.
We were able to obtain information on 97 of the 99 state legislative bodies. We were unable to get information on two legislative bodies, the Maryland House of Representatives and the Maryland State Senate.
PROSPECTIVE LIMITS ON DEBATE
Fifty legislative bodies set time limits for individual speakers in legislative debate, while 76 legislative bodies, including both the Connecticut State Senate and House of Representatives, limit the number of speaking opportunities a member may take. Forty-four legislative bodies limit both the opportunities for speech and the length of speech.
A less common procedure limits the entire length of the legislative debate. Two bodies, the New York State Senate and the Utah House of Representatives, limit the total time a matter may be debated before going to a vote. The New York Senate also limits individual speaking time and the Utah House of Representatives also limits the number of individual speaking opportunities.
Fifteen legislative bodies do not have limits on the total length of debate, the number of opportunities for speaking, or the length of individual speeches.
This information is detailed in Table 1.
Table 1: Predetermined Limits on Debate
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total | |
Alabama |
Senate |
Rule 39 |
No member shall speak more than twice on any question nor more than 60 minutes at each time on motions for the adoption of an amendment, bill, or motions to adopt a resolution to confirm an appointment. Debate on resolutions and other debatable motions shall be subject to a reasonable time limit not to exceed 15 minutes. |
Yes |
Yes |
No |
House |
Rule 52 |
No member shall speak more than 10 minutes at any one time and no more than twice on the same question without leave of the House. |
Yes |
Yes |
No | |
Alaska |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
|
No time or opportunity limits. |
No |
No |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Arizona |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
Rule 18 |
The sponsor of a measure or the designee has 10 minutes to open and 10 minutes to close debate on an original motion. No other member may speak more than five minutes on any motion or question. A member has five minutes to open and five minutes to close debate on any amendment proposed by the member to the original motion or question. No member other than the member who opens and closes the debate shall speak more than once or beyond the time limits unless accorded the privilege without objection or upon a motion supported by two-thirds of the House. |
Yes |
Yes |
No | |
Arkansas |
Senate |
Rules 9.04, 9.05 |
No member may occupy more than 60 minutes in debate, except that the member reporting the measure under consideration from a committee, or the author, may open and close the debate. If debate extends beyond one day, that member is entitled to 60 minutes to close, notwithstanding he may have used 60 minutes in opening. |
Yes |
No |
No |
House |
|
No time or opportunity limits. |
No |
No |
No | |
California |
Senate |
Rule 41 |
No time or opportunity limits. |
No |
No |
No |
Assembly |
Rule 108 |
A member may speak once during the consideration of any one question on the same day and at the same stage of proceeding, except that the author of a bill or resolution or the mover of a question has the right to open and close the debate. A member may not speak more than five minutes to open and five minutes to close the debate on any question, including amendments, and no member other than the author or the mover of the question may be allowed to speak more than five minutes. A member may not yield to any other member the time for which he or she is entitled to speak. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Colorado |
Senate |
Rule 16 |
No member shall speak longer than 60 minutes at any one time without the consent of the Senate. |
Yes |
No |
No |
House |
Rule 13 |
No member may speak more than twice upon the same question without consent of the House, except the chairman of the committee of reference or the mover of the question, who may close the debate. No member shall speak longer than 10 minutes without consent of the House. |
Yes |
Yes |
No | |
Connecticut |
Senate |
Rule 14 |
No member may speak more than twice upon the same question without leave of the Senate, except to explain. |
No |
Yes |
No |
House |
Rule 17 |
No member may speak on the same question more than twice without unanimous consent of the members of the House present. |
No |
Yes |
No | |
Delaware |
Senate |
Rule 17 |
No member may speak more than three times upon any one question in debate on the same day without leave of the Senate, which will be determined without debate. |
No |
Yes |
No |
House |
|
No time or opportunity limits. |
No |
No |
No | |
Florida |
Senate |
Rule 8.5 |
No member may speak longer than 30 minutes without yielding the floor, except by consent of a majority of those Senators present. |
Yes |
No |
No |
House |
Rule 8.7 |
A member may not speak more than once nor occupy more than 15 minutes in debate on any question. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Georgia |
Senate |
Rule 8-1.7 |
A member is confined to matter in debate and may not speak more than twice on any subject or more than once until every member choosing to speak has spoken. All individual speeches on bills and resolutions are limited to 30 minutes unless extended by a majority of those voting, provided the total vote constitutes a quorum. In computing the 30 minutes, the time consumed in asking questions will be considered. If a Senator consents to questions, the time consumed by the interruption will be included as part of the 30 minutes allotted that member. |
Yes |
Yes |
No |
House |
Rules 80, 81 |
A member shall be confined to speaking on the matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak has spoken. No member of the House shall occupy the floor longer than 20 minutes in debating any question unless otherwise ordered by the Speaker. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Hawaii |
Senate |
Rule 69 |
No member may speak more than twice, unless such member is the mover of the matter pending, in which case such member shall not be permitted to speak in reply until every member choosing to speak has spoken. |
No |
Yes |
No |
House |
Rule 50 |
No member may speak more than twice on the same question without leave of the House; provided, however, that the movant of the matter pending may speak in reply once every member choosing to speak has spoken. No member may speak longer than five minutes the first time and three minutes the second time on the same question. Any member may yield his or her speaking time to another member. When a member yields the floor to another member, the yielding member's time shall continue to run, except when such yielding shall be to allow a specific question to be asked and when in response to the specific question asked. |
Yes |
Yes |
No | |
Idaho |
Senate |
Rule 24 |
No member may speak more than once on any question until all others have had an equal opportunity. However, the one having the privilege of opening and closing debate shall speak only twice and upon completion of his second opportunity to speak, debate shall be closed. |
No |
Yes |
No |
House |
Rule 22 |
No member may (1) speak more than twice on the same subject, (2) occupy the floor longer than 60 minutes at a time without leave of the House by majority vote of the members present, or (3) speak more than once until every member choosing to speak on the subject shall have spoken. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Illinois |
Senate |
Rule 7-3 |
No member may (1) speak more than five minutes on the same question without the consent of the Senate, (2) speak more than twice on a question, (3) speak more than once unless every member choosing to speak has spoken, or (4) explain his or her vote. |
Yes |
Yes |
No |
House |
Rule 52 |
All debatable legislative measures are subject to a debate status as follows: |
Yes |
Yes |
No | |
(1) Short Debate: Debate is limited to a two-minute presentation by the principal sponsor or designee, a two-minute response, and one minute for the principal sponsor to close debate, or yield to other members. At the request of 7 members before the close of debate, the debate status will be opened to standard debate. | ||||||
(2) Standard Debate: Debate is limited to a five-minute presentation by the principal sponsor or designee, debate by two additional proponents and three opponents, and three minutes for the principal sponsor to close debate, or yield to other members. | ||||||
(3) Extended Debate: Debate is limited to a five-minute presentation by the principal sponsor or designee, debate by four proponents and five opponents, and five minutes for the principal sponsor to close debate, or yield to other members. | ||||||
(4) Unlimited Debate: Debate consists of a 10-minute presentation by the principal sponsor or designee, debate by each proponent and opponent seeking recognition, and five minutes for the principal sponsor to close debate, or yield to other members. | ||||||
(5) Amendment Debate: Debate on floor amendments referred to the House from a committee, or discharged from a committee, is limited to a three-minute presentation by the principal sponsor or designee, debate by one proponent and two opponents, and three minutes for the Principal Sponsor to close debate, or yield to other members. |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Indiana |
Senate |
Rule 12 |
No member may speak more than once to the same question without leave of the Senate, unless he or she moved, proposed, or introduced the matter pending and is speaking in reply to a question or after every member has had an opportunity to speak on the matter pending. A member may not occupy more than 30 minutes to speak on any question; provided that the Senate at any time, by motion adopted by a majority of the members present and voting, may limit the time for speaking. A member may have one minute to explain the Senator's vote on a bill or joint resolution if the Senator did not speak during debate. |
Yes |
Yes |
No |
House |
Rule 42 |
No member may speak more than twice on the same question without the consent of the House, or more than once until every member choosing to speak has spoken. |
No |
Yes |
No | |
Iowa |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
Rule 11 |
No member may speak (1) more than once on the same question, without leave of the speaker, (2) more than twice until every member choosing to speak has spoken, (3) more than 10 minutes on a bill being considered prior to its last reading, but may be granted an extension of time by consent of the house. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Kansas |
Senate |
Rule 14 |
No member may speak more than twice on the same day on the same subject without leave of the Senate. |
No |
Yes |
No |
House |
Rule 1704 |
No member may speak more than twice on the same day to the same question without leave of the House, unless the member is the mover or is carrying the measure, in which case such member may open and close the debate and may respond to direct questions from other members. An amendment to any measure shall be considered as a separate and independent question. While a member is carrying a measure, such member may yield to another member for explanation of the measure, or for personal explanation, or for a motion to adjourn without losing the privilege to carry the measure for the remainder of their time except that such member may not yield to any member who has already spoken twice on such question on the same day. |
No |
Yes |
No | |
Kentucky |
Senate |
Rule 24 |
No member may speak more than once to the same subject until all members desiring to speak have spoken. No member may speak more than 30 minutes in the aggregate on any question or measure, at the end of which period, or any portion thereof, the floor shall be returned to the President. |
Yes |
Yes |
No |
House |
|
No time or opportunity limits. |
No |
No |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Louisiana |
Senate |
Rule 6.7 |
No senator may speak more than twice on any question without permission of the Senate, or be interrupted when speaking, except by a call to order by the President or by a senator through the President. The mover of a motion and the introducer of a legislative instrument may open and close debate (even after the previous question has been ordered). The Senate may at any time, by a majority vote, limit debate so that no senator shall be permitted to speak longer than 60 minutes at one time without permission of the Senate. A motion to that effect shall be in order at any time, taking precedence over every other motion, except a motion to adjourn. |
Yes |
Yes |
No |
House |
Rule 5.7 |
No member may speak (1) more than twice during debate on the same question, (2) more than 15 minutes on each occasion, without leave of the House, or (3) more than once until every member choosing to speak shall have spoken. The author of or member handling the instrument has the right to open and close the debate or to designate a member or members to represent him. Closing debate is limited to 15 minutes. A member may yield part of his allotted time to another member only upon closing remarks in a debate. |
Yes |
Yes |
No | |
Maine |
Senate |
Rule 401 |
If there is objection, a Senator may not speak more than once on a question to the exclusion of any other Senator without leave of the Senate. If the Senator is the mover of the matter under debate, then the Senator may speak three times without leave. |
No |
Yes |
No |
House |
Rule 401 |
A member may not speak more than twice to the same question without first asking leave of the House. Any other member objecting to that member speaking more than twice to the same question must stand and be recognized by the Speaker of the House and the objection must be noted. |
No |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Maryland |
Senate |
|
Information not available. |
|||
House |
|
Information not available. |
||||
Massachusetts |
Senate |
Rule 41 |
No member may speak more than once to prevent any other member who has not spoken and desires to speak on the same question. |
No |
Yes |
No |
House |
Rule 61 |
No member may speak more than once to prevent those who have not spoken and desire to speak on the same question. This prohibition does not apply to those members designated by the committee or committees reporting the bill. No member may occupy more than 30 minutes at a time while speaking on any question where debate is unlimited. |
No |
Yes |
No | |
Michigan |
Senate |
Rule 3.902 |
No member may speak more than twice in any one debate on the same day without leave of the Senate, except the sponsor of the matter under consideration, the chairperson of the committee which reported it, and the chairperson of the subcommittee which considered the matter. Each speech shall not exceed five minutes or, if submitted in writing, not exceed 1,000 words. There is no limit on the length of a speech on Third Reading of Bills, memorial announcements, or an oral dissent statement. |
Yes |
Yes |
No |
House |
|
No time or opportunity limits. |
No |
No |
No | |
Minnesota |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
|
No time or opportunity limits. |
No |
No |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Mississippi |
Senate |
Rule 71 |
No Senator may speak (1) more than twice to the same question except by majority vote of those Senators present and voting, (2) more than once until every Senator wishing to speak shall have spoken, or (3) more than 20 minutes to the main question. When a subsidiary question is under debate, the time limit shall be five minutes. When the time is extended, it must be for a specific time. |
Yes |
Yes |
No |
House |
Rule 23 |
No member shall speak more than 10 minutes on any main question or five minutes on an amendment, without leave of the House, unless he is the mover, proposer, or introducer of the matter pending. In such case, he shall be permitted to speak in reply, but not until every member choosing to speak has spoken. A member who has spoken once, but who has not consumed his whole time, is not be permitted to speak again on the same question until each member that desires to do so has spoken. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Missouri |
Senate |
Rule 80 |
No senator may speak more than once on the same question without leave of the senate, unless he or she is the mover, proposer or introducer of the matter pending, in which case he or she shall be permitted to speak or reply, but not until every senator choosing to speak has spoken. After a senator has been recognized to close, no other senator is permitted to speak on the pending matter, except that in the case of a proposed amendment to a bill or resolution, the proponent of the amendment and the author of the bill or resolution to be amended may be interrogated, but, in the case of a bill or resolution, only the author of the bill or resolution may be interrogated. |
No |
Yes |
No |
|
Rule 84 |
No member may speak more than twice on the same question without leave of the House, nor more than once until all other members desiring to speak have spoken. Except when reporting a bill or resolution from committee, no member may speak or inquire for more than 15 minutes without unanimous consent of the House. When the question is to Third Read and Pass a House Consent Bill or a Senate Consent Bill, the floor handler of the bill and the ranking committee member from the party may not speak or inquire for more than 10 minutes. Other members may not speak or inquire for more than five minutes on such bills. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Montana |
Senate |
Rule 50-30 |
A member may not speak more than twice on any one motion or question without unanimous consent of the Senate, unless the Senator has introduced or proposed the motion or question under debate, in which case the member may speak twice and also close the debate. A member who has spoken may not speak again on the same motion or question to the exclusion of a member who has not spoken. |
No |
Yes |
No |
House |
Rule 50-70 |
Except for the member introducing a debatable motion before the body, no member may speak more than once on the question unless a unanimous House consents. The member who introduced the motion may close. No member may speak for more than 10 minutes on the same question, except that a member may have five minutes to close. |
Yes |
Yes |
No | |
Nebraska |
Legislature |
Rule 2, Sec. 10 |
Each member may speak up to three times, for not more than five minutes on each occasion, upon any one question in deliberation during the legislative day. If he or she is the mover, proposer, or introducer of the matter pending, he or she may speak in reply, but not until every other member choosing to speak shall have spoken and may speak for 10 minutes when he or she first presents the matter. |
Yes |
Yes |
No |
Nevada |
Senate |
Rule 80 |
No member may speak more than twice during the consideration of any one question on the same day, except for explanation. |
No |
Yes |
No |
Assembly |
Rule 80 |
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. |
No |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
New Hampshire |
Senate |
Rule 4 |
No member shall speak more than twice on the same question on the same day without leave of the Senate President. |
No |
Yes |
No |
House |
Rule 13 |
No member shall speak more than twice on the same question without permission from the House. |
No |
Yes |
No | |
New Jersey |
Senate |
Rule 7:7 |
No Senator shall speak on any bill or resolution more than three times, limited to than 30 minutes the first time, 15 minutes the second time, and five minutes the third time, without the permission of the President. |
Yes |
Yes |
No |
Assembly |
Rule 7:7 |
No member shall speak on any bill, resolution or main motion more than three times, limited to 15 minutes the first and second time and five minutes the third time, without the permission of the General Assembly. |
Yes |
Yes |
No | |
New Mexico |
Senate |
Rule 7-9 |
No member may speak more than twice in one debate on the same day and at the same stage of the bill without leave. A senator who has spoken shall not again be entitled to the floor (except for explanation) if any senator who has not spoken desires to speak. If a question pending at adjournment is considered on the succeeding day, no member who has spoken twice thereon on the preceding day may speak without consent of the majority of the members present. |
No |
Yes |
No |
House |
Rule 7-9 |
No member may speak more than once in any one day at the same stage of the bill, except for explanation, without permission of the speaker so long as any member who has not debated the matter desires to speak. |
No |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
New York |
Senate |
Rule 9, Sec. 3 |
Debate upon any bill or concurrent resolution is limited to four hours. No member may debate any bill or concurrent resolution for more than 30 minutes. |
Yes |
No |
Yes |
Assembly |
Rule 5, Sec. 6 |
Unless otherwise provided by these Rules, no member may speak (1) more than twice on any question without leave of the House and (2) for more than 15 minutes at a time, except by consent of two-thirds of the members present. A member desiring to explain his or her vote upon the final passage of a bill or upon the passage of a resolution requiring the expenditure of money may make a brief statement, not to exceed two minutes, in explanation of such vote. The sponsor of a bill or resolution may make a statement not to exceed five minutes for the purpose of opening debate on such bill or resolution. |
Yes |
Yes |
No | |
North Carolina |
Senate |
Rule 14 |
No member may speak (1) more than twice on the main question on the same reading, (2) longer than 30 minutes for the first speech and 15 minutes for the second speech, or (3) more than once on any motion or appeal, and then no longer than 10 minutes. |
Yes |
Yes |
No |
House |
Rule 10 |
No member may speak (1) more than twice on the main question, (2) longer than 20 minutes for the first speech and 10 minutes for the second speech, or (3) more than twice upon an amendment or motion to reconsider, re-refer, appeal, or postpone or any motion on concurrence, and then not longer than 10 minutes for the first speech and five minutes for the second speech. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
North Dakota |
Senate |
Rule 306 |
No member may speak (1) more than twice on the same subject without leave of the Senate, (2) more than once until every member choosing to speak on the subject pending has spoken, or (3) more than 10 minutes the first time, nor more than five minutes the second time. This rule does not apply to the Majority and Minority Leaders and the chairman of the committee in charge of the bill, or a spokesman designated by that chairman. |
Yes |
Yes |
No |
House |
Rule 306 |
No member may speak (1) more than twice on the same subject without leave of the House, (2) more than once until every member choosing to speak on the subject pending has spoken, or (3) more than 10 minutes the first time, nor more than five minutes the second time. This rule does not apply to the Majority and Minority Leaders and the chairman of the committee in charge of the bill, or a spokesman designated by that chairman. |
Yes |
Yes |
No | |
Ohio |
Senate |
Rule 68 |
No senator may speak more than twice on the same question except by leave of the Senate or responding to the floor; and the senator speaking shall confine the speech to the question under debate and avoid personalities |
No |
Yes |
No |
House |
Rule 50 |
No member may speak upon any single question, bill, or resolution more than a total of twenty minutes on any one legislative day. If a point of order is raised that a member is violating this rule, and unless the member speaking concedes the point of order, the point of order is sustainable only by a two-thirds vote of all elected members. |
Yes |
No |
No | |
Oklahoma |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
Rule 9.4 |
When a debatable question is before the House, debate is limited to 15 minutes, equally divided between the proponents and opponents. A member may not speak twice or longer than 10 minutes on the same question. Any member may move that the time for debate on such question be extended. For adoption, the motion need only receive a majority of those voting, a quorum being present. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Oregon |
Senate |
Rules 6.25, 6.30 |
No member may speak more than twice on any question. The following rules apply to the length of debate: |
Yes |
Yes |
No |
(1) On the final passage of a measure, the chair of the committee reporting the measure, or a member designated by the chair, may speak for 10 minutes. In the case of multiple carriers, each member may speak for five minutes. Other members may speak for five minutes. | ||||||
(2) On a motion to adopt or substitute a committee report, the member who moves the motion may speak for 10 minutes. Other members may speak for five minutes. | ||||||
(3) The member closing debate on final passage or moving to adopt or substitute a committee report may speak for 10 minutes. In the case of multiple carriers, one member shall be designated to close. | ||||||
(4) On other debatable motions, a member may speak for five minutes. | ||||||
(5) Any member may yield the time allowed under this rule to another member. However, no additional time can be yielded to a member closing debate. | ||||||
(6) When a member who has the floor asks a question of another member, the time used in answering shall be taken from the questioning member. | ||||||
House |
Rules 6.25, 6.30 |
No member may speak more than twice on any question. The following rules apply to the length of debate: |
Yes |
Yes |
No | |
(1) On the final passage of a measure, the author thereof or the chair of the committee that reports the measure or a member designated by the chair may speak for 10 minutes and other members may speak for five minutes. | ||||||
(2) On the motion to adopt a committee report or substitute a minority report, the member who makes either motion may speak for 10 minutes and other members may speak for five minutes. | ||||||
(3) The member closing debate on final passage of a measure or on a motion to adopt a committee report or substitute a minority report may speak for 10 minutes. | ||||||
(4) On other debatable motions, no member shall speak longer than five minutes. | ||||||
(5) Any member may yield the time allowed under this rule to another member. However, no member may yield time to a member closing debate. |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Pennsylvania |
Senate |
Rule XI |
No member may speak more than once on one question to the prevention of any other who has not spoken and is desirous to speak or more than twice without leave of the Senate. |
No |
Yes |
No |
House |
Rule 10 |
No member, except the Majority and Minority Leaders, may speak more than twice on any question, without the consent of the House. |
No |
Yes |
No | |
Rhode Island |
Senate |
Rule 7.1 |
No member shall speak more than twice on the same question without leave of the Senate which shall be determined without debate, or more than once until the other senators who have not spoken shall speak if they so desire. A senator may yield his or her right to the floor to another member. |
No |
Yes |
No |
House |
Rule 10 |
No member may speak (1) more than twice to the same question without the leave of the House, (2) more than once until every member choosing to speak shall have spoken, (3) for longer than five minutes without the leave of the House. The first two clauses of this rule do not apply to the Majority and Minority Leaders, Speaker Pro Tempore and Whips, the principal sponsor or floor manager of any bill, resolution or amendment on the floor. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
South Carolina |
Senate |
Rule 8 |
No member may speak more than twice in any one debate, on the same day, without leave of the Senate. Any member absenting himself or herself for three hours or more from the Senate Chamber after due notice that absent members have been called, or is not present for two quorum roll calls which are called more than two hours apart, forfeits his or her right to speak for more than 60 minutes on any matter pertaining to the bill being debated on that legislative day, unless granted leave by the Senate to speak for a longer period, or unless such member obtains a leave of absence from the Senate either before or after invocation of the Rule. |
Yes |
Yes |
No |
House |
Rules 3.8, 5.19 |
No member may speak more than twice on the main question of a bill or resolution being considered for any reading and not longer than 60 minutes for the first speech nor longer than 30 minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. No member shall speak more than twice upon an amendment or a motion to reconsider that is debatable and then not longer than ten minutes each time. No member shall speak more than twice on Senate amendments to a House bill and not longer than 60 minutes for the first speech nor longer than 30 minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. The House may, however, by consent of a majority of the members present and voting suspend the rule during any debate on any particular question before the House. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
South Dakota |
Senate |
Joint Rule 1-5 |
Each member may speak on the pending subject before any member speaks twice. No member may speak more than twice or longer than 10 minutes on the same subject without the consent of a majority of the members present. A member may speak an additional 20 minutes if time is yielded by individual members. In computing the time allowed for argument, the time consumed in asking questions is considered. If a member consents to the question, the time consumed by the answer is taken out of the time allowed to the person answering. |
Yes |
Yes |
No |
House |
Joint Rule 1-5 |
Each member may speak on the pending subject before any member speaks twice. No member may speak more than twice or longer than 10 minutes on the same subject without the consent of a majority of the members present. A member may speak an additional 20 minutes if the time is yielded by individual members of the body. In computing the time allowed for argument, the time consumed in asking questions is considered. If a member consents to the question, the time consumed by the answer is taken out of the time allowed to the person answering. |
Yes |
Yes |
No | |
Tennessee |
Senate |
Rule 12 |
No member may speak more than twice on the same subject without leave of the Senate. Members who have once spoken shall not again be entitled to the floor (except for the purpose of explanation), to the exclusion of another who has not spoken. No member shall speak longer than 20 minutes in the first speech and 10 minutes in the second speech on any question, unless by consent of the Senate. |
Yes |
Yes |
No |
House |
Rule 21 |
Each member shall be limited to 15 minutes of opening remarks and 10 minutes in rejoinder in discussion upon the floor of the House, except, by a majority of the members present, the House may increase or decrease the limitations on a particular bill, resolution, or motion. |
Yes |
No |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Texas |
Senate |
Rule 4.05 |
No member may speak more than once in one debate until every member desiring to do so has spoken and no member may speak more than twice in any one debate without leave of the Senate. |
No |
Yes |
No |
House |
Rule 5, Sections 27 and 29 |
The mover of any proposition, or the member reporting any measure from a committee, or, in the absence of either of them, any other member designated by such absentee, has the right to open and close the debate and may speak each time not more than 20 minutes. No member may speak more than twice on the same question without leave of the house, nor more than once until every member choosing to speak has spoken, nor may any member be permitted to consume the time of another member without leave of the house being given by a majority vote |
Yes |
Yes |
No | |
Utah
|
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
Rule 28.01 |
Without permission from the House, no member may speak more than twice on the same bill, amendment, or substitution in any one debate on the same day and on the same reading of the bill. Members who have spoken once are not entitled to the floor again, except for explanation, if any member who has not spoken wishes to speak. Unless extended by a majority vote: during the first 38 days of any general session floor time on any legislation may not exceed eight hours and during the last seven days of any general session, floor time on any legislation may not exceed two hours. |
No |
Yes |
Yes |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Vermont |
Senate |
Rule 65 |
No member may speak more than twice to the same question without leave of the Senate. Members who have once spoken shall not again be entitled to the floor (except for the purpose of explanation) to the exclusion of another who has not spoken. |
No |
Yes |
No |
House |
|
No time or opportunity limits. |
No |
No |
No | |
Virginia |
Senate |
Rules 42, 29 |
No member may speak more than twice upon the same subject without leave of the Senate, nor more than once, until every member choosing to speak has spoken. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question. |
No |
Yes |
No |
House |
Rule 61 |
No member may speak more than once on any question until all others have spoken who desire to do so, nor more than twice, without the consent of a majority of the members present. No member may speak longer than 10 minutes without consent of the house. On and after the fifth day prior to the day of adjournment sine die of any session or on and after the third day prior to the day a bill must be reported from the house, no member shall speak more than three minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house. |
Yes |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Washington |
Senate |
|
No time or opportunity limits. |
No |
No |
No |
House |
Rule 16 |
No member may speak longer than 10 minutes without consent of the house. On and after the fifth day prior to the day of adjournment sine die of any session or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, no member shall speak more than three minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house. |
Yes |
Yes |
No | |
West Virginia |
Senate |
Rule 12 |
No member may speak more than twice upon the same question without leave of the Senate or more than once until every member choosing to speak has spoken, except that the mover of the questionhas the right to close the debate thereon. |
No |
Yes |
No |
House |
Rule 38 |
No member may speak more than twice on a question, except by leave of the House. If a question is pending at the time of an adjournment and is renewed on the succeeding day, no member who has spoken twice on the preceding day shall be permitted again to speak without leave of the House. The House may limit debate on any question by majority vote. |
No |
Yes |
No |
Table 1: -Continued-
State |
Body |
Rule No. |
Rule |
Minutes |
Opportunities |
Total |
Wisconsin |
Senate |
Rule 59 |
Members may not speak more than twice on a question, except on leave of the senate. If a question is lost by adjournment and revived on the succeeding roll call day, a member who spoke twice on the preceding roll call day may not speak without leave of the senate. |
No |
Yes |
No |
Assembly |
Rules 59, 60 |
Unless permission is given by unanimous consent or the affirmative vote of two-thirds of the members present, a member may not speak more than twice on the same question, even if the question is continued to another day. Whenever the assembly has one or more calendars pending of a later date than the calendar on which the assembly is working, debate is limited, as follows: a member may not speak for more thanfiveminutes on any question and a question may not be considered for more than 20 minutes, except on proposals made a special order of business by the adoption of a resolution offered by the committee on rules |
Yes |
Yes |
No | |
Wyoming |
Senate |
Rule 26 |
When the Senate is in session no member may speak more than twice on the same question on the same day without leave of the Senate. No member may occupy the floor more than five minutes each time he speaks, with certain exceptions. |
Yes |
Yes |
No |
House |
Rule 14-1 |
With certain exceptions, no member may speak more than once to the exclusion of other members who have not spoken or more than twice to the same question on the same day without leave of the House. |
No |
Yes |
No |
Source: National Conference of State Legislatures, “Examples of Chamber Rules on Debate Limits or Previous Question,” compiled January 2008 (formatted and edited into chart form).
CUTTING OFF FILIBUSTERS
Ten state legislative bodies have no measures to limit debate on the floor. A motion for the “previous” or “pending” question is a motion to end debate on any debatable or amendable motion and bring that motion to an immediate vote.
We were able to find 80 legislative bodies that specifically allow a motion for the “previous” or “pending” question, nine states only allow other motions to end debate, and seven states allowing both the “previous” or “pending” question and another motion.
This information is detailed in Table 2.
Table 2: Motions Limiting Filibuster
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Alabama |
Senate |
Rule 20 |
Limit debate by committee rule |
Committee on Rules may order; to pass, an affirmative vote of three-fifths members elected, except for appropriations and redistricting bills (only 18 votes required) |
30 minutes |
Debate must end at set hour and vote must be taken |
Rule 20 |
Limit debate by petition, with a vote: Petition must be signed and filed with the Secretary while the Senate is in session, and is not to be released by the Secretary until the measure has been considered for at least 60 minutes. The petition shall be considered only for the legislative day it was issued. However, on the 30th legislative day the 60 minute waiting requirement is not applicable. |
21 senators to order; to pass, an affirmative vote of three-fifths members elected |
30 minutes |
Debate must end at set hour and vote must be taken | ||
House |
Rule 25 |
The previous question. |
To pass, an affirmative vote of three-fifths members present and voting |
Unspecified |
Opponents may speak 10 minutes, member having charge may close debate |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Alaska |
Senate |
Rule 32 |
The previous question. |
To pass, an affirmative vote of two-thirds members present |
No. |
|
House |
Rule 32 |
The previous question. |
To pass, two-thirds members present |
No. |
| |
Arizona |
Senate |
Rule 12 |
The previous question. |
Unspecified. |
|
|
House |
Rule 22 |
The previous question. |
To pass, an affirmative vote of majority of members voting. |
No. |
Each side shall be allowed five minutes, the affirmative closing the debate, when the member entitled to speak under this Rule is absent, the member first in order upon the committee reporting the measure, who is present and joined in the report, shall have the right to occupy such time. | |
Arkansas |
Senate |
Rules 12.01-04 |
The previous question. |
Anyone may order, seconded by five members; to pass, an affirmative vote of 24 votes |
Unspecified |
The proponents and opponents of the main question are each allowed 15 minutes to debate. |
House |
Rule 17 |
The previous question. |
Anyone may order, seconded by five members; to pass, an affirmative vote of majority of the quorum |
Unspecified |
The proponents and opponents are each allowed 15 minutes to debate. | |
Rule 20 |
Limit or extend debate. |
To pass, an affirmative vote of two-thirds of a quorum |
No. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
California |
Senate |
Rule 41 |
The previous question. |
To pass, an affirmative vote of majority of members present |
Unspecified |
Author may close |
Assembly |
Rule 87 |
The previous question. |
Five members to order; to pass, an affirmative vote of majority of members present |
Unspecified |
Proponent allowedfiveminutes to close debate | |
Colorado |
Senate |
Rule 9 |
The previous question. |
To pass, an affirmative vote of majority of members elected |
Unspecified |
Debate closes within 60 minutes, an hour may be fixed for vote on the measure |
House |
Rule 14 |
Closing debate. |
To pass, an affirmative vote of majority of members elected |
Unspecified |
Debate closes within 60 minutes, an hour may be fixed for vote on the measure | |
Rule 16 |
The previous question. |
To pass, an affirmative vote of majority of members elected |
Unspecified |
| ||
Connecticut* |
Senate |
Rule 29 |
The previous question; motion to close debate at a specified time. |
Unspecified. |
Unspecified |
An accepted motion when a question is under debate, neither motion is specifically explained in the Rules and Precedents, but may be incorporated from Mason's. |
House |
Rule 28 |
Close debate at a specified time. |
Unspecified. |
Unspecified |
An accepted motion when a question is under debate, the motion is not specifically explained in the Rules and Precedents, but may be incorporated from Mason's. | |
Delaware |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
|
No rule. |
Not applicable. |
Not applicable. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Florida |
Senate |
Rule 8.6 |
Limit debate. |
To pass, an affirmative vote of two-thirds of members present |
No. |
Introducer has five minutes to discuss motion |
House |
Rule 11.8 |
The previous question may be asked and shall be decided without debate. |
Not the first-named sponsor or mover |
No. |
The sponsor and opponent are each allowed 3 minutes each within which to debate the pending question, and each may divide the time with, or waive this right in favor of, some other member. | |
Rule 11.9 |
Limit debate. |
To pass, an affirmative majority vote |
No, except the first-named sponsor or mover hasfiveminutes within which to discuss the motion and may divide the allotted time with, or waive it in favor of, some other member. |
Debate shall be limited to 10 minutes for each side, unless a greater time is stated in the motion, such time to be apportioned by the Speaker; however, the first-named sponsor or mover shall have an additionalfiveminutes within which to close the debate and may divide the allotted time with, or waive it in favor of, some other member. | ||
Georgia |
Senate |
Rule 6-8.1-5 |
The previous question. |
To pass, an affirmative majority vote |
No. |
Committee reporting has 10 minutes to close debate |
House |
Rule 121-3 |
The previous question. |
To pass, an affirmative majority vote |
No. |
House cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Hawaii |
Senate |
Rule 65 |
The previous question. |
To pass, an affirmative three-fifths vote |
Unspecified |
The introducer of the main subject under discussion may close the debate, after which the main question will be put; provided that the introducer may delegate the right to close to another member. |
House |
Rule 4 |
The previous question. |
To pass, majority of members present at time of the motion |
Unspecified |
The introducer of the main subject under discussion may close the debate, after which the main question will be put; provided that the introducer may delegate the right to close to another member. | |
Idaho |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
Rule 34 |
The previous question. |
To pass, an affirmative vote of two-thirds members present, if a quorum |
Unspecified |
When the previous question is decided in the negative, it leaves the main question under debate for the residue of the sitting, unless sooner disposed of. | |
Illinois |
Senate |
Rule 7-8 |
The previous question. |
To pass, an affirmative vote of majority of members elected |
No. |
|
House |
Rule 59 |
The previous question. |
To pass, an affirmative vote of 60 members elected |
No. |
May be suspended by 71 members elected | |
Indiana |
Senate |
Rule 17 |
The previous question. |
Unspecified. |
No. |
The author or sponsor of the question then pending has two minutes to speak prior to the vote. |
House |
Rule 8 |
The previous question. |
Unspecified. |
No. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Iowa |
Senate |
Rule 17 |
The previous question. |
To pass, an affirmative vote of majority of members present and voting |
Unspecified |
Any senator who has not previously spoken on the pending question and who requested recognition after the main question and before the motion for the previous question may speak no longer than five minutes. If action on the pending question continues into another legislative day or is deferred, the previous question shall apply and the requests to be recognized shall be honored. The senator handling the measure has 10 minutes to close debate. |
House |
Rule 81 |
The previous question. |
To pass, an affirmative vote of a constitutional majority of members |
Unspecified |
If applied to main question, member in charge of measure has 10 minutes to close; for amendments, the proposer has five minutes. A member who has filed a written request with the chief clerk of the house indicating the member's desire to speak on a particular question before the motion is made. The request allows a member to speak on a particular question before the closing discussion by the member who is in charge of the measure or who is proposing the amendment. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Kansas |
Senate |
Rule 29 |
The previous question. |
Five members to order |
Unspecified |
|
House |
Rule 2304 |
The previous question. |
To pass, an affirmative vote of majority of members present |
Unspecified |
| |
Kentucky |
Senate |
Rule 12 |
The previous question. |
To pass, an affirmative vote of majority of members elected |
Unspecified |
On roll call, no Senator may speak more than three minutes to explain a vote and shall not speak at all if the question is not debatable. After the previous question has been ordered, and before the vote upon the main question, the opponents and proponents of the measure shall each have 10 minutes. |
House |
Rule 12 |
The previous question. |
To pass, an affirmative vote of majority of members elected |
Unspecified |
On roll call, no Senator shall be allowed to speak more than three minutes to explain a vote and shall not speak at all if the question is not debatable. After the previous question has been ordered, and before the vote upon the main question, the opponents and proponents of the measure shall each have 10 minutes. | |
Rule 13 |
Limit debate. |
Unspecified. |
Unspecified |
Time limit set by Speaker, evenly distributed between opponents and proponents. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Louisiana |
Senate |
Rule 6.7, 11.6.1 |
Limit debate. |
26 members to order; to pass, an affirmative majority vote |
No. |
No senator may speak more than 60 minutes total on the measure without permission of the Senate. |
Senate |
Rule 11.11 |
The previous question. |
To pass, an affirmative vote of a majority of the members present and voting |
No. |
The Secretary must inform the Senate as to whether he has amendments to the question. The proponent of each motion or amendment upon which debate has been closed, or a member or members designated by him, shall have the right to close the debate. | |
House |
Rule 9.10 |
The previous question. |
To pass, an affirmative vote of a majority of the members present |
Unspecified |
Before voting on the previous question, the Clerk of the House must inform the House whether he has amendments to the question. Upon passage, the proponent of each motion or amendment has the right to close the debate, limited to a total of 15 minutes. If there are members in opposition to the main motion who have requested recognition to speak at the time the motion for the previous question is made, the motion for the previous question shall be out of order unless at least one member in opposition to the main motion has been recognized to speak |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Maine |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
Rule 504 |
The previous question. |
To pass, an affirmative vote of 1/3 of members present |
Yes, a member may speak five minutes on the motion for the previous question |
| |
Maryland |
Senate |
|
|
|
|
|
House |
|
(Senate and House rules are not available on the Internet) |
|
|
| |
Massachusetts |
Senate |
Rule 47 |
Closing debate. |
Unspecified. |
Yes. |
Debate may be closed at any time not less than 60 minutes from the adoption of a motion to that effect. Not more than 10 minutes shall be allowed for debate, and no member shall speak more than three minutes. |
House |
Rule 66-69 |
The previous question on any pending amendment. |
To pass, an affirmative vote of two-thirds members present and voting |
Unspecified |
Debate may be closed at any time not less than 30 minutes from the adoption of a motion to that effect. Suspendable via unanimous consent of members present | |
Michigan |
Senate |
Rule 3.308 |
The previous question. |
Any member may move; to pass, an affirmative vote of majority of members voting |
Unspecified |
No Senator shall dissent orally by making a statement of protest while the previous question is in effect. The previous question having been ordered, any question of order or appeal from the decision of the presiding officer shall be decided without debate. |
House |
Rule 62 |
The previous question. |
Any member, seconded by 10 members may move |
Unspecified |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Minnesota |
Senate |
Rule 31 |
The previous question. |
To pass, an affirmative vote of a majority of members present |
No. |
|
House |
Rule 3.13 |
The previous question. |
Any member, seconded by 15 members may move; to pass, an affirmative vote of majority of members |
Unspecified |
| |
Mississippi |
Senate |
Rule 110-111A |
The previous question. |
Not specified |
No. |
When the previous question has been ordered, each side has five minutes for debate, the affirmative speaking first; provided that after the previous question shall have been ordered, the only motion in order shall be one motion to recommit or re-refer, which motion shall not be debatable. When the motion to limit debate has been ordered, each side shall have five minutes for debate on each subsidiary or main question, the affirmative speaking first. |
House |
Rules 66-68 |
The previous question. |
To pass, an affirmative vote of a majority of members voting, a quorum present |
Unspecified |
Each side is allowed 10 minutes on the main question and five minutes on any subsidiary question for debate, the affirmative closing the debate. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Missouri |
Senate |
Rules 84-85 |
The previous question. |
Written demand offive members to move; to pass, an affirmative vote of majority of members elected |
No. |
|
House |
Rule 73 |
The previous question. |
Any member may move; to pass, an affirmative vote of constitutional majority of members voting |
Unspecified |
If the motion is sustained, the proponent is allowed one minute in which to make a closing statement before the House votes on the question. | |
Montana |
Senate |
Rule 50-80 |
The previous question. |
Not specified |
Unspecified |
When the previous question is ordered on any debatable question on which there has been no debate, the question may be debated for 30 minutes, split evenly between the proponents and opponents. The sponsor of the main motion on which the previous question is adopted may close on the motion. |
House |
Rule 50-140 |
The previous question. |
To pass, an affirmative vote of majority of members present |
Unspecified |
The Speaker may not entertain a motion to end debate unless at least one proponent and one opponent have spoken on the question. Notwithstanding the passage of a motion to end debate, the sponsor of the motion on which debate was ended may close. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Nebraska |
Legislature |
Rule 7, Sec. 4 |
The previous question. |
May be ordered by a member in the normal course of speaking move, demanded byfive members; to pass, an affirmative vote of majority of elected members |
No. |
The presiding officer may rule the previous question out of order if, in the presiding officer's opinion, a full and fair debate has not been afforded. The ruling of the presiding officer shall be subject to overrule. When the previous question is ordered on a proposition under debate, the mover, proponent, or introducer of such proposition may close the debate. After a motion to indefinitely postpone a bill has been offered, and the introducer of the motion has made his or her opening remarks on the motion, the principal introducer of the bill shall immediately be permitted to speak for five minutes on such motion. |
|
Rule 7, Sec. 10 |
Motion for cloture. |
Bill's principal introducer, a cointroducer with the consent of the principal, or the chairperson of the committee, may move; to pass, an affirmative vote of two-thirds of the elected members |
No. |
The presiding officer may rule such motion for cloture out of order if, in the presiding officer's opinion, a full and fair debate has not been afforded. Such ruling by the presiding officer shall not be subject to challenge. If the presiding officer rejects a motion for cloture on a bill due to lack of full and fair debate, successive motions for cloture on the bill may be offered at any time. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Nevada |
Senate |
Rule 81 |
The previous question. |
Three members to move; to pass, an affirmative vote of a majority of members. A person who is speaking on a question may not move to put that question while he has the floor. |
Unspecified |
|
Assembly |
Rules 81-82 |
The previous question. |
Three members to move, but not the member last speaking on the question |
Unspecified |
||
New Hampshire |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
Rule 21 |
The previous question. |
Unspecified. |
Unspecified |
| |
New Jersey |
Senate |
Rule 7:8 |
The previous question. |
Unspecified. |
Unspecified |
A least one senator in both the minority and majority parties must have been given the opportunity to speak on the question at least once. |
Assembly |
Rule 13:9 |
A motion to terminate debate. |
To pass, an affirmative 60 votes |
No. |
Debate on the question must have continued for two hours and both the majority and minority parties, if they desire to be heard, have been permitted to speak on the question for at least one hour each. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
New Mexico |
Senate |
Rule 18-1 |
The previous question. |
To pass, an affirmative vote of a majority of members present |
No. |
|
Rules 20-1 to 20-7 |
Motion to close debate after any bill, resolution, amendment or motion has been under consideration for two hours. |
Any member may move; to pass, an affirmative vote of a majority of members present |
No. |
Majority and minority allowed 30 minutes each to close debate. Debate upon contested election cases shall be limited to 60 minutes. Upon such question, no senator shall consume more than 10 minutes in debate thereof, and no senator shall speak more than once. | ||
House |
Rule 18-1 |
The previous question. |
To pass, an affirmative vote of two-thirds of members |
Unspecified |
| |
Rules 20-1 to 20-7 |
Motion to close debate after any bill, resolution or motion has been under consideration for three hours. |
Any member may move; to pass, an affirmative vote of a majority of members present |
No. |
| ||
New York |
Senate |
Rule 5, Sec. 8 |
The previous question. |
Temporary President, the Minority Leader or their designee may order; to pass, an affirmative vote of a majority of members elected |
Unspecified |
|
Assembly |
Rule 2, Sec. 4 |
The previous question. |
Not specified |
Unspecified |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
North Carolina |
Senate |
Rule 23 |
The previous question. |
Chair of the committee submitting the bill or the rules committee, member introducing the bill, member in charge of the measure, or the President Pro Tempore may move |
Unspecified |
|
House |
Rule 19 |
The previous question. |
Chair of the rules committee; the majority leader; member submitting the report on the bill, introducing the bill, or in charge of the measure may move |
No. |
| |
North Dakota |
Senate |
Rule 314 |
The previous question. |
A member may not move the previous question if that member is debating the issue; to pass, an affirmative vote of a majority of members present |
No. |
|
House |
Rule 314 |
The previous question. |
A member may not move the previous question if that member is debating the issue; to pass, an affirmative vote of a majority of members present |
No. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Ohio |
Senate |
Rule 79 |
The previous question. |
Demand of three members to move; to pass, an affirmative vote of a majority of members |
No. |
|
House |
Rules 101-104 |
The previous question. |
Motion submitted in writing to presiding officer, supported by four members; to pass, an affirmative majority vote |
No. |
| |
Oklahoma |
Senate |
Rule 13-16 |
Motion to limit the time for debate. |
Unspecified. |
Unspecified |
The motion shall fix the time limits to be allowed for and against the motion, provided that in no case shall the total debate allotted to each side be less than one-half hour. |
House |
Rule 9.8 |
The previous question. |
Any member may move |
Unspecified |
| |
Rule 9.9 |
Advance the question. |
Unspecified. |
Unspecified |
If the motion to Advance the Question passes, no further amendments to the matter considered shall be allowed and debate shall be limited to 15 minutes, equally divided between the proponents and opponents of the question, provided that no Member may speak for more than five minutes. | ||
Oregon |
Senate |
Rule 5.17 |
The previous question. |
To pass, an affirmative majority vote of members present |
Unspecified |
|
House |
|
No rule. |
Not applicable. |
Not applicable. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Pennsylvania |
Senate |
Rule XII |
The previous question. |
Any member, seconded by 4 members, may move; to pass, an affirmative majority vote |
Unspecified |
|
House |
Rule 61 |
The previous question. |
Any member, seconded by 20 members, may order; to pass, an affirmative vote of a majority of members present |
Unspecified |
| |
Rhode Island |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
Rule 23 |
The previous question. |
Unspecified. |
No. |
10 minutes must be allowed for further debate upon the main question during which no member may speak more than three minutes. If desired, a further period of 10 minutes may be allowed to the member introducing the bill or question to be acted upon, or to the member or members to whom he or she may yield the floor. At the close of that time, or the first 10 minutes, in case the introducer does not desire to so use his or her time, the vote on the main question shall be taken. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
South Carolina |
Senate |
|
No rule. |
Not applicable. |
Not applicable. |
|
House |
Rule 8.6 |
The previous question. |
Any member debating the question may order; to pass, an affirmative vote of 50% of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times |
Unspecified |
No further amendments are allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment may speak for up to three minutes, then opponents to the amendment shall be permitted not more than three minutes. Two hours of debate, equally divided between opponents and proponents, is allowed on the bill. No person may speak more than 10 minutes. After the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it. | |
South Dakota |
Senate |
Joint Rule 5-6 |
The previous question. |
To pass, an affirmative vote of a majority of members present |
No. |
|
House |
Joint Rule 5-6 |
The previous question. |
To pass, an affirmative vote of a majority of members present |
No. |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Tennessee |
Senate |
Rule 52 |
The previous question. |
To pass, an affirmative vote of two-thirds of the members present and voting |
Unspecified |
No call for the previous question or any other motion shall cut off the right of mover or author to close debate. When the demand for the previous question has been made and rejected, under the foregoing provision, it shall be in order upon the demand of a majority of the members of the Senate, for the Committee on Rules to meet and report a rule or order fixing or limiting the time in which debate on said question shall be closed. |
House |
Rule 36 |
The previous question. |
To pass, an affirmative vote of two-thirds of the members present and voting |
Unspecified |
No call for the previous question or any other motion shall cut off the right of mover or author to close debate. When the demand for the previous question has been made and rejected, under the foregoing provision, it shall be in order upon the demand of any five members of the House to meet and report a rule or order fixing or limiting the time in which debate on said question shall be closed. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Texas |
Senate |
Rule 6.09 |
The previous question. |
Any member, seconded by five others, may order; to pass, an affirmative vote of a majority of members present and voting |
Unspecified |
|
House |
Rule 7, Sec. 21 to 32 |
The previous question. |
Any member, seconded by 25 members; motion may be taken by record vote if demanded by any member and ordered by a majority of the members voting, a quorum being present. |
No. |
When the previous question is ordered on a motion to postpone indefinitely or to amend by striking out the enacting clause of a bill, the member moving to postpone or amend shall have the right to close the debate on that motion or amendment, after which the mover of the proposition or bill or the member reporting it from the committee, or, in the absence of either of them, any other member designated by the absentee, shall be allowed to close the debate. When an amendment has been substituted and the previous question is then moved on the adoption of the amendment as substituted, the author of the amendment as substituted shall have the right to close the debate on that amendment in lieu of the author of the original amendment. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Utah |
Senate |
Rule 28.05 |
The motion for the previous question may not be entertained on the floor of the Senate. |
Not applicable. |
Not applicable. |
|
House |
Rule 28.05 |
The previous question. |
To pass, an affirmative vote of two-thirds of members present |
Unspecified |
| |
Vermont |
Senate |
Rule 55 |
A call for the previous question shall not at any time be in order. |
Not applicable. |
Not applicable. |
|
House |
Rule 68 |
The pending question. |
To pass, an affirmative vote of thee-fourths of members present |
Unspecified |
| |
Virginia |
Senate |
Rules 34, 35 |
The pending question. |
To pass, a majority of members present |
Unspecified |
|
House |
Rules 65, 66 |
The previous question or the pending question. |
Any member who obtains the floor only to move for the previous or pending question may move; to pass, an affirmative vote of two-thirds members present for the main question or a majority for the pending question |
Unspecified |
|
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
Washington |
Senate |
Rule 36 |
The previous question. |
Three members must move; to pass, an affirmative vote of the majority of members present |
No. |
The senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the questions pending, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate. |
House |
Rule 18 |
The previous question. |
To pass, an affirmative vote of two-thirds of members present |
No. |
When a bill is on final passage or when the motion to postpone indefinitely is pending, one of the sponsors of the bill or the chair of the committee may have the privilege of closing debate after the previous question has been ordered. If the House adjourns after the previous question is ordered, the motion or proposition on which the previous question was ordered shall be put to the house immediately following the approval of the journal on the next working day. |
Table 2: -Continued-
State |
Body |
Rule No. |
Motion/Rule |
Order and Passage |
Debatable |
Other |
West Virginia |
Senate |
Rule 41 |
The previous question. |
To pass, an affirmative vote of the majority of members present |
Unspecified |
|
House |
Rule 63 |
The previous question. |
Any member speaking in order and having the floor, seconded by 10 members may move; to pass, an affirmative vote of the majority of members voting if a quorum is present |
Unspecified |
When the motion applies to the main question, the member in charge of the measure under consideration shall have five minutes to close the discussion before the vote is taken; and when the motion applies to an amendment, the person proposing the amendment shall have three minutes to close the discussion on the amendment. | |
Wisconsin |
Senate |
Rule 77 |
The previous question. |
Any member may move; to pass, an affirmative vote of the majority |
No. |
Amendments or substitute amendments to the main question may be offered, but not debated, and shall be considered immediately. |
Assembly |
Rule 7 |
End debate. |
Any member, seconded by 15 other members, may move; passage decided by roll call |
No. |
| |
Wyoming |
Senate |
Rule 18-6 |
The previous question. |
Any member, seconded by three other members may move |
No. |
|
House |
Rule 24-4 |
The previous question. |
Any member, seconded by three other members, may move; to pass, an affirmative vote of two-thirds of the elected membership |
No. |
|
Source: National Conference of State Legislatures, “Examples of Chamber Rules on Debate Limits or Previous Question,” compiled January 2008 (formatted and edited into chart form).
● Source: Rules and Precedents of the General Assembly of Connecticut, 2009
MR:ts