OLR Research Report


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

State

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