ADOPTED SENATE AMENDMENTS For January 17, 2005.

ADOPTED SENATE AMENDMENTS

MONDAY, JANUARY 17, 2005

SF0029S2001/A

Page 1-line 14 After "(b)" insert "To the extent funds are available,". COE

SF0023SS001/A

Page 2-line 13 After "." strike balance of line.

Page 2-lines 14 through 17 Strike.

Page 2-line 21 Reinsert stricken "In".

Page 2-lines 22 and 23 Reinsert stricken language.

Page 3-lines 1 and 2 Reinsert stricken language.

Page 4-line 7 After "provide" strike balance of line and insert ";".

Page 4-lines 8 through 11 Strike.

Page 4-line 15 Reinsert stricken "In".

Page 4-lines 16 through 20. Reinsert stricken language. SCOTT, Chairman

SF0024SS001/A

Page 2-line 8 After "report" insert "to the department". COE, CHAIRMAN

SF0092SS001/A

Page 3-line 19 Before "active" delete "the".

Page 3-line 20 After "practice" delete "of" insert "as a"; after "pharmacy" insert "technician"; delete "two (2)" insert "five (5)". SCOTT, CHAIRMAN

JR001/A

Amend JOINT RULE 14-1(f)(1) as follows:

14. BUDGET BILLS

(f) (1) Notwithstanding Senate Rules 8‑4 and 11‑1, House Rules 7‑1 and 10‑1, and any other rule to the contrary, the mirror budget bill passed by the house of origin shall, after the standing appropriations committee of the second house has reported the bill back to the second house, be placed and considered by the second house on third reading. Each amendment on the list specified in paragraph (e)(2) of this rule in the standing committee report from the house of origin shall be explained on the floor by a member of the appropriations committee designated by the chairman. ~~and then voted upon separately.~~

Consideration on third reading in the second house of the mirror budget bill passing the house of origin shall be limited to an explanation of, or, at the direction of the presiding officer, a non-binding (“straw poll”) vote regarding each of the amendments adopted by the house of origin which are not identical to amendments adopted by the second house on its own mirror budget bill. Any other amendment shall be out of order. If a "straw poll" vote is taken, Senate Rule 15‑1 and House Rule 14‑1 do not apply to debate on amendments to the mirror budget bill being considered on third reading in the second house to the extent those rules limit members to speaking no more than twice on the same issue. Third reading may be extended beyond one (1) day to consecutive days to permit ~~consideration of~~ explanation of, or "straw poll votes" on amendments. Non-binding (“straw poll”) votes shall be taken by roll call only at the direction of the presiding officer. The purpose of these "straw poll" votes are solely to provide non-binding guidance to members of the conference committee from the house in its deliberations on developing a conference committee report.

SENATE RULES COMMITTEE, LARSON, CHAIRMAN

05Rules/JR14-1

JR002/A

Amend the JOINT RULES of the House and Senate to create new Joint Rule 20 to read:

"20. PRESIDENTIAL ELECTION CONTEST

20-1(a) Upon receipt of a notice of an election contest pursuant to W.S. 22-17-114, the Legislative Service Office shall forward a copy of the notice to the President of the Senate, the Speaker of the House of Representatives and to each member of the Legislature.

(b) (1) The President and Speaker shall as expeditiously as possible investigate the allegations contained in the notice to determine whether there appears to be a substantial factual basis for the allegations and whether, if proven, the alleged irregularities or illegal votes complained of would likely have affected the final outcome of the contested election. In carrying out this investigation the President and Speaker may direct the Management Council or a subcommittee of the Council to meet, take evidence and testimony, and provide a recommendation to the President and Speaker on the question of calling a special session of the Legislature pursuant to Wyoming Constitution, Article 3, Section 7(a)(ii).

(2) If, following investigation, the President and Speaker determine that it would be appropriate, they shall jointly issue a proclamation calling and establishing a date for the convening of a special session to resolve the election contest.

(c) (1) On the date set for convening a special session under this rule, the Senate and House of Representatives shall meet in joint session in the House Chamber at which time the members will be advised of the nature of the election contest and shall be provided with any information and supporting documentation presented to the President and Speaker during the course of their preliminary investigation. The President of the Senate shall preside at the Joint Session.

(2)At the conclusion of the joint session, the Senate shall withdraw and the two houses shall separately deliberate on the issues presented.

(d) (1) At the direction of the presiding officer, the House or Senate may conduct its investigation sitting as the entire body or may appoint a select committee to hear the election contest and present a recommendation. If a select committee is appointed, its membership shall be apportioned as nearly as possible to reflect the percentage of the elected members of the majority and minority parties of that house.

(2) The party initiating the election contest shall be provided with advance notice of each meeting, hearing or other proceeding of the House, Senate or any select committee concerning the election contest. The party may be represented by counsel and shall be afforded reasonable opportunity to be heard and to present oral argument.

(3) In conducting its investigation, each house shall determine whether the allegations giving rise to the election contest are supported by substantial evidence and whether any irregularities shown were of such a nature that, if not for the irregularities or for any illegal votes counted the final results of the election which is the subject of the election contest would have been different.

(4) In proceedings before the House or Senate, or their select committees, irrelevant, immaterial or unduly repetitious evidence shall be excluded and no recommendation shall be made unless supported by the type of evidence commonly relied upon by reasonably prudent men in the conduct of their serious affairs. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available.

(e) (1) All proceedings of each house and any select committee concerning election contests shall be electronically recorded.

(2) The Presiding officer or the chairman of the select committee shall have the power to administer oaths and to compel the attendance of witnesses and the production of documents relevant to the election contest. Any testimony made at any committee hearing or before the appropriate house which purports to establish matters of fact shall be made under oath.

(f) (1) Upon conclusion of its investigation, each house shall separately consider a motion to sustain or reject the election contest. No other motion shall be in order. The motion is debatable.

(2) Debate on the motion to sustain or reject the election contest shall be limited as follows:

(A) No member may speak more than twice on the motion;

(B) No member shall occupy the floor more than five (5) minutes each time that he speaks; and

(3) Once deliberations begin on a motion to sustain or reject the election contest, the House or Senate, as applicable, shall not adjourn until the election contest is decided.

(4) If a quorum to transact business is present, a majority of the members of the appropriate house who are present may sustain or reject the election contest.

(g) (1) Upon conclusion of their deliberations, the House and Senate shall again meet in Joint Session in the House Chamber at which time the presiding officer of each house shall announce the results of the final vote taken by their body on the question of sustaining or rejecting the election contest.

(2)An election contest shall be deemed to be sustained by the Legislature only if a motion to sustain the election contest has been adopted by both the Senate and the House of Representatives.

(h) Following a determination under this rule, the presiding officers of the House and Senate shall jointly certify the decision of the Legislature to the governor and the secretary of state.

(j) A determination of the election contest by the Legislature under this rule is final and conclusive and is not subject to judicial review.

SENATE RULES COMMITTEE, LARSON, CHAIRMAN

SR001/A

Amend SENATE RULE 25 as follows:

25. ~~GOVERNOR~~ CONFIRMATION OF APPOINTMENTS

25-1Upon receipt of proposed governor appointments pursuant to W.S. 28-12-101(a) or other appointments requiring confirmation by the Senate, the names of the prospective appointees and the public offices to which the appointees are proposed to be appointed shall be distributed to each member of the Senate.

25-2On the next legislative working day, the President shall assign appropriate standing committees to interview and review the qualifications of each prospective appointee who was the subject of the motion based upon the normal area of expertise of the standing committee. Any member may attend meetings of the committee and ask questions of a prospective appointee.

25-3Prior to confirmation of any prospective appointee the committee appointed under Senate Rule 25-2 shall report its recommendations regarding any prospective appointee to the Senate. A roll call vote of the Senate to confirm or reject an appointment shall be taken within five (5) days after the prospective appointee's name is submitted to the Senate for consideration. Confirmation of an appointee by the Senate shall require a simple majority vote.

SENATE RULES COMMITTEE, LARSON, CHAIRMAN

05Rules/SR25