RULES OF THE HOUSE OF REPRESENTATIVES

 

1. HOUR OF MEETING

 

1-1 The House shall meet each day of sitting at 10 o'clock a.m. unless another time was designated at the preceding adjournment.

 

2. ORDER OF BUSINESS

 

2-1 The following shall be the usual order of business but the order may be changed as necessary for the efficient management of business:

 

a. Roll call

b. Prayer by the chaplain

c. Journal committee report

d. Messages from the Governor or Senate

e. Unfinished business

f. Introduction, reading and reference of bills

g. Senate files on first reading

h. Reports from standing committees

i. Reports from select committees

j. Bills on second reading

k. Bills on third reading and final passage

l. Consideration of bills on general file

m. Special orders and committee announcements

n. Adjournment

 

[Ref: Mason's 200 to 210, 710 to 714]

 

3. ABSENT MEMBERS AND OFFICERS

 

3-1 No member or officer shall be absent from the service of the House except:

 

a. In case of sickness;

b. With permission of the Speaker first obtained; or

c. By a majority vote of the House first obtained.

 

QUORUM -- HOW MAINTAINED

 

3-2 In case fewer than a quorum of the House shall convene, the Speaker is authorized to send the sergeant-at-arms, or any other person for any or all members absent without leave. [Ref: Mason's 191, 500 to 506]

 

4. HOUSE COMMITTEES

 

4-1 House standing committees shall be appointed by the Speaker of the House, with the advice and consent of the rules and procedure committee. House standing committees are as follows:

 

1. Judiciary

2. Appropriations

3. Revenue

4. Education

5. Agriculture, State and Public Lands and Water Resources

6. Travel, Recreation, Wildlife and Cultural Resources

7. Corporations, Elections and Political Subdivisions

8. Transportation, Highways and Military Affairs

9. Minerals, Business and Economic Development

10. Labor, Health and Social Services

11. Journal

12. Rules and Procedure

 

[Ref: Mason's 600 to 602]

 

COMMITTEE MEMBERSHIP

 

4-2 Membership on committees shall be apportioned as nearly as possible to reflect the percentage of the elected membership of the majority and minority parties of the House.

 

(a) Committees shall have nine members with these exceptions:

 

Committee No. 2, Appropriations, seven members;

 

Committee No. 11, Journal, two members; and

 

Committee No. 12, Rules and Procedure, thirteen members.

 

[Ref: Mason's 600 to 602]

 

STANDING COMMITTEE PROCEEDINGS

 

4-3 (a) Standing committees shall take charge of and report in writing on all matters referred to them respectively.

 

REPORTS AND RECORD OF VOTES

 

(b) When a standing committee has disposed of a bill by adoption of a motion to "do pass," "amend and do pass," "do not pass" or "no recommendation," the vote on final disposition shall be included in the committee report, indicating how each member voted, and the bill and the report shall be submitted to the chief clerk.

 

(c) For bills other than those reported under subsection (b) of this rule, the Committee shall return the bill together with a record of Committee consideration to the chief clerk on the day after the last day scheduled for consideration of house bills or senate files placed on general file but not later than the last day of the session. Upon receipt of the bill and the record of Committee consideration, the chief clerk shall ensure the required information contained within the record is entered into the journal but shall not be required to read the record to the House. The record of Committee consideration shall include the following information which shall be entered into the journal:

 

(1) When any motion referenced under subsection (b) of this rule fails, the record of Committee consideration shall include the vote of each member on the failed motion;

 

(2) When a motion referenced under subsection (b) of this rule is not made on a bill, and a motion to postpone the bill indefinitely or to a certain date has not been made by the Committee, the record of Committee consideration shall indicate the bill died in Committee;

 

(3) When a Standing Committee adopts a motion to postpone consideration of the bill until after expiration of the established final date for regular consideration of the bill, the record of Committee consideration shall include the vote of each member on the adopted motion.

 

OPENING MEETINGS; EXECUTIVE SESSIONS

 

(d) All committee meetings will be open to the public unless declared an executive session by the chairman.

 

OVERRULING THE CHAIRMAN

 

(e) The chairman may be overruled only by a recorded majority vote of the committee membership. [Ref: Mason's 611, 615 to 618, 663 to 678]

 

RECALLING BILLS FROM COMMITTEE

 

4-4 Any bill or other matter which has been referred to any committee may be recalled after a reasonable time by a motion duly made and seconded by five members and adopted by a majority of the elected members.

 

CHANGES IN COMMITTEE MEMBERSHIP

 

4-5 The Speaker of the House may appoint a member to fill any vacancy occurring on any house standing committee during the interim providing the appointment is made with the advice of the respective majority or minority leader, dependent upon the party in which the vacancy has occurred.

 

CONFERENCE COMMITTEES, MEMBERSHIP

 

4-6 (a) The Speaker shall appoint three members to a conference committee following "Mason's Manual" Sections 769 and 770, generally; and Section 769-6, specifically.

 

(b) When a majority of the conferees from each house have reached an agreement as to the contents of a conference committee report on a House Bill, the Chairman, as soon as is reasonably possible, shall have the conference committee report drafted, signed by members of the committee, and shall deliver the bill along with the signed copies of the report to the House Chief Clerk as specified in Joint Rule 2-3.

 

[Ref: Mason's 766 to 775]

 

JOURNAL COMMITTEE DUTIES

 

4-7 The journal committee shall meet each day prior to the opening of the session for the purpose of examining the House journal and making recommendations thereto in the form of a written report to the House. [Ref: Mason's 694 to 703]

 

5. IDENTIFICATION OF BILLS

 

5-1 Each legislative bill presented to the chief clerk for introduction to the House shall show on the cover its title and the sponsor's signature. The name(s) of the sponsors shall be shown on reproductions of each bill.

 

NO CHANGE OF SPONSORS

 

5-2 After the first reading of a measure, no change in its sponsorship shall be made.

 

DISTRIBUTION OF PRINTED MATTER

 

5-3 No outside printed material shall be distributed on the floor of the House unless it is identified as to its source and authorized by a member of the house or by the chief clerk.

 

USE OF PROPS DURING DEBATE

 

5-4 No chart, display, projected image, sample substance, prop or other demonstration aid or device shall be employed during debate in committee of the whole, second or third reading without the express approval of the Speaker of the House obtained in advance of the commencement of committee of the whole or the applicable reading. This provision shall not prevent reference during debate to printed materials distributed in accordance with house rule 5-3.

 

6. FORMAT OF BILLS

 

6-1 In the preparation of each bill amending any chapter, article, section, subsection or other portion of an existing Wyoming statute or adding to such statutes, the following provisions shall govern:

 

(a) LINE OUT DELETIONS Whenever any word or combination of words in any existing statute is to be omitted in the drafting of a bill therefor, the omission shall be indicated by showing the words in full with a line through all material to be omitted;

 

(b) UNDERLINE ADDITIONS Whenever any new word or combination of words appears in a bill, whether or not substituted for any word or combination of words in any existing statute, the new words or combinations of words, new numerals and alphabetical section identifications shall be underlined.

 

7. THREE READINGS

 

7-1 Every bill shall receive three separate readings, previous to its being passed, and the Speaker shall give notice whether it be the first, second or third, which readings shall be on three separate days, unless the House otherwise directs by a two-thirds vote. [Ref: Mason's 720 to 722]

 

8. INTRODUCTION OF BILLS

 

DEFINITION

 

8-1 Whenever the word "bill" is used in these Rules, it shall include Senate files, House bills, Senate and House joint memorials and resolutions unless otherwise specified. Also, the Wyoming Manual of Legislative Procedures, Revised, shall be referred to as the "Manual".

 

INTRODUCTION DEADLINE

 

8-2 No bill, other than general appropriations bills, shall be introduced after noon of the 15th legislative working day of the session, except by consent of two-thirds of the elected members of the House. Bills that have been signed, submitted and accepted by the Legislative Service Office prior to the twelve noon cutoff date for consideration of bills but are still at the printer's office will be considered as being within the cutoff deadline. Such a list of bills will be delivered by the Legislative Service Office to the Speaker at the cutoff hour. [Ref: Mason's 726]

 

PREPARATION OF BILLS

 

8-3 Bills for consideration by the legislature shall be prepared, jacketed, indexed and stored in the computer by the Legislative Service Office before being introduced in the house designated by the prime sponsor. [Ref: Mason's 729, 730]

 

 

 

INTRODUCTION METHOD

 

8-4 After signing the bill jacket, the sponsor or sponsors ask the chief clerk to place the bill in that order of business "Introduction, Reading and Reference of Bills". (See procedure and language style in manual.) [Ref: Mason's 726 to 728]

 

REFERRAL OF BILLS REQUIRING AN APPROPRIATION

 

8-5 (a) A bill containing an appropriation, or which requires an appropriation or change in funds, may be assigned to a standing committee other than appropriations, but if so, it shall be re-referred to the appropriations committee upon being reported back from the committee to which first assigned. The appropriations committee shall consider and may recommend:

 

(i) Modifications to any appropriation contained in the bill, or the addition or deletion of an appropriation, and any necessary related conforming amendments;

 

(ii) That a delayed effective date or other limiting condition be added to any bill that requires, but does not provide, an appropriation;

 

(iii)That the bill do not pass, provided that the committee report may include a "do not pass" recommendation as an alternative to any other recommendation made under this subsection.

 

(b) A re-referred bill shall be given priority consideration by the appropriations committee.

 

(c) Standing committee amendments shall be considered in the same order as the bill was referred to committee and for purposes of prioritization under House Rule 10-2 the recommendation of the first standing committee to report on the bill shall apply.

 

9. FIRST READING BY TITLE

 

9-1 First reading shall be by title and sponsors' names only. [Ref: Mason's 733]

 

REFERENCE TO COMMITTEE; MEETING NOTICES

 

9-2 (a) The Speaker shall refer each bill to the appropriate committee but the House may, on motion, refer the bill to another committee.

 

(b) No standing committee shall meet to consider any bill referred to it unless notice of the date, time and place of the meeting and the bills to be considered has been posted in the State Capitol at the place designated for posting of meeting notices by 3:00 p.m. on the day before the meeting is to be held. For a meeting to be held on a Monday, the notice shall be posted by 3:00 p.m. on the first legislative day preceding that Monday. This subsection does not apply to:

 

(1) Continued consideration of a bill by a committee after the committee has begun consideration of that bill at a meeting for which notice was posted in compliance with this subsection;

 

(2) A bill that has been re-referred to another committee after another committee has submitted a report on that bill;

 

(3) Meetings scheduled on the first or second day of any session for the consideration of a joint interim committee bill, provided:

 

(A) The Standing Committee took no votes on the bill under consideration; or

 

(B) A notice was posted by 5:00 p.m. on the day before the meeting is to be held. The notice may state the Committee intends to consider the bill if it is referred to that Committee.

 

AMENDMENTS; LAYING A BILL BACK

 

9-3 (a) No bill shall be amended until after it has been considered in a standing committee or committee of the whole.

 

(b) Except as provided by House Rule 10-5(b), only after a voice vote in which the ayes have prevailed, the ayes and noes shall be taken on the motion to adopt any amendment to a mirror budget bill which directly increases or decreases an appropriation by a specific dollar amount.

 

(c) Absent objection sustained by a majority of those present, a bill scheduled for second or third reading may be laid back for an additional day.

 

10. PLACED ON GENERAL FILE

 

10-1 After a bill has been reported back to the House by its assigned committee and the standing committee report read to the body and entered in the journal, it shall be placed on general file.

 

ORDER OF GENERAL FILE

 

10-2 (a) Bills on the general file shall be considered in the following order: first, "Do Pass" bills; second, "Without Recommendation" bills; and third, "Do Not Pass" bills.

 

APPROPRIATIONS BILL 24 HOUR RULE

 

(b) The general appropriation bill for the major expenses of the state government shall not be considered in committee of the whole until printed copies of the bill shall have been distributed to the members at least 24 hours prior to consideration. [Ref: Mason's 1 to 29]

 

COMMITTEE OF THE WHOLE PROCEDURE

 

10-3 After a bill has been read, it shall be in order for the standing committee chairman, or in his absence, a member of the standing committee:

 

(a) To move the committee recommendations on the bill and any standing committee amendments. He shall move for the adoption of these amendments and give an explanation of them. After that motion has been disposed of, the sponsor of the bill or any other member asked to do so, shall be given an opportunity to explain the measure. He may yield the floor to others who may offer further explanations, questions, or

 

(b) To move: (listed here in the order of descending precedence)

 

(1) To lay back on the general file without prejudice;

(2) To re-refer or recommit;

(3) To amend.

 

[Ref: Mason's 155 to 161, 175 to 187, 683 to 691]

 

10-4 A motion to rise and report by the Majority Floor Leader or his designee shall always be in order and shall take precedence over any other motion.

 

HOUSE RULES APPLY, EXCEPTIONS

 

10-5 The rules of the House shall be observed in the committee of the whole, except that:

 

(a) There shall be no limit to the number of times that a member may speak on the same question.

 

(b) The ayes and noes shall not be taken unless the original motion made for passage of a given bill, following a vote by division, has failed in the committee of the whole. At that time, the ayes and noes shall be taken and entered in the committee of the whole report. The result of the roll call vote shall determine the action of the committee of the whole. If, after a roll call vote, the bill fails to pass Committee of the Whole, the bill is deemed to be indefinitely postponed. Except as provided in this subsection, the motion to indefinitely postpone shall not be in order during Committee of the Whole.

 

(c) The following motions are not allowed:

 

(1) The previous question;

(2) Call of the house;

(3) Lay on the table;

(4) Adjourn;

(5) Reconsideration.

 

 

 

 

CHAIR MAY VOTE

 

10-6 The chairman of the committee of the whole shall be entitled to vote on any matter under consideration before the committee. [Ref: Mason's 582]

 

11. SECOND READING

 

11-1 After the committee of the whole consideration and "Do Pass" recommendation has been adopted by the House, the bill shall be read a second time on the next legislative day unless laid back under House Rule 9‑3. [Ref: Mason's 734]

 

READING OF TITLE ONLY

 

11-2 Second reading shall be by catch title only.

 

QUESTION ON SECOND READING

 

11-3 The final question on the second reading of every bill shall be: "Shall the bill be read a third time?". Unless objections are made, the Speaker shall so order. [Ref: Mason's 734]

 

12. THIRD READING

 

12-1 The bill shall be read a third time on the next legislative working day after passing the second reading unless laid back under House Rule 9‑3. It shall be read by bill number, catch title, sponsor and enacting clause only.

 

QUESTION ON THIRD READING

 

12-2 Upon the conclusion of the third reading, the Speaker shall put the question "The bill (naming it by number) having been read three separate times, the question is shall the bill pass? Please call the roll." The ayes and noes shall be taken. After the question has been put no motion shall be in order until the roll call is completed and the vote announced. [Ref: Mason's 130 to 133, 523, 530]

 

ENGROSSING AFTER THIRD READING

 

12-3 When a bill has passed third reading in the House of Representatives with amendments, it shall first be delivered to the Legislative Service Office to be engrossed with all adopted amendments before the bill is forwarded to the Senate for action. A bill delivered to and in the possession of the Legislative Service Office for engrossing shall not be recalled for further action by the House without the consent of the Senate.

 

13. VOTING REQUIREMENTS

 

13-1 Every member within the bar of the House shall vote when the question is put, unless he is excused according to House Rule 3‑1 or House Rule 17‑3. [Ref: Mason's 521, 522]

 

 

REFUSAL TO VOTE

 

13-2 Any member present within the bar of the House who refuses to vote when the ayes and noes are called for entry in the journal and who is not excused from voting on the question shall be placed on record as an affirmative vote. [Ref: Mason's 515]

 

CALL FOR AYES AND NOES

 

13-3 (a) When a question is about to be taken, it shall be in order for any two members to call for the recording of the ayes and noes for entry in the journal and the names of the members shall be called in alphabetical order.

 

(b) Except as provided by House Rule 10‑5(b), only after a voice vote in which the ayes have prevailed, the ayes and noes shall be taken on the motion to adopt any amendment to a mirror budget bill which directly increases or decreases an appropriation by a specific dollar amount.

 

INTERRUPTION OF VOTING PROHIBITED

 

13-4 When the ayes and noes are being taken, the call shall not be interrupted for any purpose whatsoever and members shall answer the call from their seats, if possible. [Ref: Mason's 121.3]

 

 

 

 

VOTE CHANGING

 

13-5 Any member may change his vote on a roll call of ayes and noes only after the call is completed and only before the announcement that the vote is closed. [Ref: Mason's 535.6]

 

VOTE EXPLANATION

 

13-6 Immediately after the vote on any question has been announced and at no other time, any member may explain his vote. [Ref: Mason's 528]

 

PRESIDING OFFICER MAY VOTE

 

13-7 The presiding officer shall be entitled to vote on any matter under consideration.

 

14. SPEAKING LIMIT

 

14-1 Except as provided by House Rule 10-5(a), no member shall speak more than once to the exclusion of other members who have not spoken, nor more than twice to the same question on the same day without leave of the House. [Ref: Mason's 102]

 

15. POINT OF ORDER, TIME LIMIT

 

15-1 Any member raising a point of order may be allowed five minutes in which to state his opinion. [Ref: Mason's 240 to 246]

 

16. CALL TO ORDER WHILE SPEAKING

 

16-1 When a member is interrupted and called to order by the presiding officer for digressing from the question, exceeding a time limit, using improper language, speaking without recognition by the chair or wrongfully excluding others who wish to speak, he shall cease speaking and be seated at once until it is determined whether he is in order, except he may be permitted to explain his position when asked to do so. [Ref: Mason's 120 to 126]


17. PERSONAL PRIVILEGES

 

OBTAINING THE FLOOR

 

17-1 Any member about to speak shall rise and respectfully address the presiding officer. When recognized, the member shall confine his comments to the question under consideration and avoid personalities. When finished, the member shall be seated. [Ref: Mason's 90 to 96, 114]

 

EXPLAIN PERSONAL MATTER

 

17-2 Any member may rise and be recognized to explain a personal matter but shall not discuss a question in such explanation nor speak more than five minutes on the matter. [Ref: Mason's 222 to 226]

 

TIME OF DECLARING PERSONAL OR PRIVATE INTEREST

 

17-3 (a) A member who has a personal or private interest in any bill proposed or pending before the legislature shall disclose the fact to the house members at the time of initial consideration during committee of the whole or at the first time the conflict becomes apparent to the declarer, or at the time of introduction during the budget session and shall not vote thereon.

 

(b) On general appropriation and recodification bills a member who has declared a conflict of interest on a section or an amendment to a section shall not vote on that section, but may vote on the entire bill.

 

(c) Disclosure of a conflict of interest shall be entered in the journal at the time it is made. If the member later makes a declaration of no conflict of interest in the matter, prompt entry of that declaration shall be made in the journal.

 

(d) As used in this section "personal or private interest" means the member shall receive or incur a direct financial gain or loss if the measure or bill is enacted. "Personal or private interest" does not include a financial gain or loss which shall be received or incurred by a member if the gain or loss shall also be received or incurred by a substantial class of persons.

 

(e) If a member is uncertain whether his interest in a bill is such as to require him to abstain from voting, he may request a ruling from the rules committee. When a request for a ruling is made, the rules committee shall make such inquiry as it deems necessary and shall recommend by majority vote whether the member should or should not vote on the bill in question.

 

[Ref: Mason's 522]

 

MAY CALL FOR READING OF PAPERS

 

17-4 When the reading of a paper is called for, it shall be read, unless the same is objected to by some member, in which case the question shall be determined by a majority vote of the House and without debate or amendment. [Ref: Mason's 112]

 

PROTEST AGAINST ACTION OF HOUSE

 

17-5 It is in order for any member or members to protest against the action of the House and have the protest entered briefly in the journal. [Ref: Mason's 293 to 300]

 

18. PARLIAMENTARY PRACTICE

 

18-1 The rules of parliamentary practice comprised in Mason's Manual of Legislative Procedure shall govern the House in all cases to which they can apply and in which they are not inconsistent with the rules and orders of the House and Joint Rules. [Ref: Mason's 30 to 32]

 

19. SUSPENSION OF RULES

 

19-1 No change, suspension, or addition to the rules of the house shall be made except by a two-thirds vote of the elected members. [Ref: Mason's 279 to 287]

 

20. SECONDING MOTIONS

 

20-1 Unless otherwise required in these rules, no motion shall require a second. [Ref: Mason's 157, 162]

 

 

 

 

21. APPEALS

 

21-1 A vote of the majority of the members present shall be sufficient to sustain an appeal from the decision of the presiding officer. [Ref: Mason's 230 to 235]

 

22. REMOVAL OF OFFICERS

 

22-1 A vote of at least two-thirds of the elected House members for the removal of any officer of the House shall be sufficient to vacate the chair or office. [Ref: Mason's 581]

 

23. PERSONS ADMITTED WITHIN BAR OF HOUSE

 

23-1 (a) No person shall be admitted within the bar of the House except members or ex-members of the House, members of the Senate, employees of the House and Senate, state officers, those specifically invited by House members individually and those authorized by a majority of the members elected to the House. Members of the news media shall be allowed at a table or area designated for them and shall obtain access thereto through the nearest door. The Speaker shall have the House cleared of all persons except members and employees when requested by a majority of the members of the House. Except for members, no other person shall engage in influencing the passage or defeat of legislation in the House chambers. [Ref: Mason's 705]

 

(b) No ex-member of the House who is currently registered as a lobbyist with the secretary of state shall be granted privilege of the floor while the House is in session to address members of the House on any issue.

 

23-2 The presiding officer shall direct any force needed to remove any and all persons who are in the galleries, rooms, hallways, stairways, entrances or grounds near the House chambers who in any way hinder the orderly progress of the House of Representatives.

 

23-3 The House legislative lounge room is for legislators, legislative staff and legislators' guests only.

 

 

 

24. MOTIONS AND QUESTIONS

 

24-1 When a question is being debated, no motion shall be received, except the following, which shall have precedence as listed:

 

Undebatable

1. To adjourn

2. To lay on the table

3. To call for previous question

 

Debatable

4. To postpone to a certain date

5. To commit or refer

6. To amend

7. To postpone indefinitely

8. The question, or main motion

[Ref: Mason's 155 to 165, 175 to 187, 578]

 

 

MOTION TO ADJOURN

 

24-2 The motion to adjourn is not debatable, cannot be amended and is always in order except:

 

(a) When another has the floor;

(b) During a roll call;

(c) During a call of the House;

(d) During the committee of the whole.

 

[Ref: Mason's 200 to 210]

 

MOTION TO LAY ON THE TABLE

 

24-3 The motion to lay on the table is not debatable, cannot be amended and is adopted by a majority vote of the members present. A motion to table takes the question and everything subsidiary to it to the table. A motion to table an amendment does not take the bill. The motion to reconsider and the previous question shall not be subject to a motion to lay on the table. [Ref: Mason's 330 to 341]

 

THE PREVIOUS QUESTION

 

24-4 Any member may move the previous question, and if it is seconded by three other members, the previous question shall be put in this form: "The previous question is demanded". The object of this motion is to bring the House to a vote on the pending question without further discussion. (The motion is carried with an affirmative vote by two-thirds of the elected membership.) If the motion fails, the discussion may proceed the same as if the motion had not been made; if carried, all debate on the main question or on the amendment to the main question as may be specified by the member offering the motion shall cease and the presiding officer shall immediately put the question to vote without debate or further amendment. A motion to adjourn and a call of the House shall each be in order after the "previous question" has been sustained, and before the main question is put. No other motion or call shall be in order, except to receive the report of the Sergeant-at-Arms, or to dispense with the proceedings under the call and all motions and proceedings authorized by this rule shall be decided without debate whether on appeal or otherwise. [Ref: Mason's 345 to 361]

 

MOTION TO POSTPONE TO A CERTAIN DATE

 

24-5 The motion to postpone to a certain date or time is debatable, can be amended and is adopted by a majority of the members present. The motion can be applied only to main motions. [Ref: Mason's 365 to 374]

 

MOTION TO COMMIT OR REFER

 

24-6 The motion to commit or refer is debatable, can be amended and is adopted by a majority of the members present. The motion can be applied to main motions only. [Ref: Mason's 378 to 390]

 

MOTION TO AMEND

 

24-7 (a) The motion to amend is debatable, can be amended and is adopted by a majority of the members present. [Ref: Mason's 395 to 421]

 

(b) The motion can be applied to any motion that could be stated in a different form.

 

(c) "Amendment to an amendment" cannot be amended. [Ref: Mason's 409]

 

(d) An amendment which is defeated shall not again be in order on the same day. [Ref: Mason's 161]

 

(e) Amendments to any bill shall be in written form when submitted. [Ref: Mason's 400]

 

(f) Amendments shall be filed with the chief clerk who arranges them in order for consideration by the chair at the proper time.

 

(g) Amendments must be germane to the subject of the main motion. [Ref: Mason's 402]

 

MOTION TO POSTPONE INDEFINITELY

 

24-8 The motion to postpone indefinitely is debatable, cannot be amended, takes precedence over nothing but the main question which is then open to debate, and is adopted by a majority of the elected members. Adoption of the motion prevents further consideration of the main question again during the session. [Ref: Mason's 430 to 436]

 

THE MAIN MOTION

 

24-9 The main motion is debatable, can be amended and usually takes precedence over nothing. The usual form is to adopt, to pass, to approve, to concur, to elect or, in the negative of the above, which then takes lower precedence. [Ref: Mason's 440 to 443]

 

DIVISION OF THE QUESTION

 

24-10 Any member may call for a division of the question if a motion relating to a certain subject contains several parts, each of which is capable of standing as a complete proposition if the others are removed. It can be divided into two or more propositions to be voted on as distinct questions. The member calling for a division of the question shall clearly state how the question is to be divided. A motion to strike out and insert is indivisible. [Ref: Mason's 310 to 316]

 

CALL FOR DIVISION

 

24-11 It shall be in order for any member or the presiding officer to order a vote by division to verify a voice vote. Should there be doubt about the voice vote, the motion from the floor is simply to call "Division" immediately before or after the announcement of the vote. When the call is made, the presiding officer orders a standing vote, first the ayes and then the noes. [Ref: Mason's 533]

 

RECONSIDERATION OF THE VOTE

 

24-12(a) When a roll call vote on an action (other than on procedural motions and on introduction of other than budget bills during budget sessions) has been taken, any member who voted on the prevailing side may give notice of the intention to move for reconsideration of the vote. Procedural motions include: to adjourn, lay on the table, previous question, postpone to a certain date, refer, suspend the rules, reconsider the vote, recess and withdraw.

 

(b) The motion or the notice may be made only when the subject of the vote is in the control of the House.

 

(c) Notice of intention to move for reconsideration of the vote shall specify a time on the next legislative day for making the motion. During the last 10 legislative working days of the session, votes on motions to reconsider shall be taken no later than the last item of business on the day of the original vote. When such notice is made, the bill shall not be taken from the House. Once notice is given, a motion for earlier reconsideration is out of order. The notice shall be entered in the journal and shown on the calendar and action sheet.

 

(d) The motion to reconsider shall take precedence over all motions except to adjourn.

 

(e) The motion cannot be debated or amended and when disposed of, cannot be renewed. It is adopted or rejected by a simple majority vote regardless of the vote required to pass the original question.

 

(f) On adoption of the motion, the original question is in exactly the same condition as it was when the vote being reconsidered was originally ordered which means no discussion, debate or amendment is allowed on the question and the presiding officer shall put the original question exactly as was done for the original vote.

 

(g) The motion shall not be made in committee of the whole.

 

[Ref: Mason's 450 to 474]

 

CALL OF THE HOUSE

 

24-13 A call of the House shall be ordered only upon demand of five members, one making the motion and four others seconding the same by rising. The motion shall state the purpose of the call and the proceedings to be considered under the call. Upon a call of the House, the names of the members shall be called and the absentees noted and the names of the absentees shall again be called. The doors shall then be shut and those not excused under the provisions of Rule 3-1 or not excused by the member making the motion may, by order of those present, be taken into custody as they appear, or may be sent for and taken into custody by the sergeant-at-arms wherever to be found, or by a special messenger, to be appointed for that purpose. A call shall not be made in a committee. A call of the House is terminated by completion of the proceedings under the call as listed in the original motion or the motion to terminate a call of the House which shall be made by the person who demanded the call. The motion to adjourn shall not be in order during a call of the House. [Ref: Mason's 190 to 197]

 

WITHDRAWAL OF MOTION

 

24-14 If no member objects, any motion under consideration may be withdrawn by the mover at any time before a decision, amendment or ordering of the ayes and noes. [Ref: Mason's 272 to 276]

 

25. JOURNAL ENTRIES

 

25-1 Journal entries shall show:

 

(a) Each successive step relative to every bill, shown by number and title only, from introduction into the House up to and including final disposition including all proposed amendments and action on them except in the committee of the whole.

 

(b) The full bill title shall be shown in the journal at time of bill introduction and when the bill is next shown in the journal after the title has been amended. All other reference to the bill shall be shown by number and catch line title only.

 

(c) Messages from the Governor and the Senate.

 

(d) A true and accurate account of the proceedings and roll calls of the House.

 

[Ref: Mason's 694 to 697]

 

READING OF JOURNAL

 

25-2 The journal shall be read in full or in specific parts if so moved by one member and approved by a majority of members present. [Ref: Mason's 696]

 

EXPUNGE FROM THE JOURNAL

 

25-3 In the rare instance when it is desirable to express strong disapproval of matter in the journal, a member may move that it be expunged. The motion must be carried by the affirmative vote of two-thirds of the elected membership. When matter is ordered expunged from the record, the clerk shall have a line drawn through the matter and writing across each line "Expunged by order of the House membership". Each line must be dated. The expunged matter must not be blotted as to be unreadable as otherwise it would be impossible to determine whether more was expunged than was ordered. If the matter to be expunged relates to a bill or file, it must be ordered while the bill or file is in the possession of the House and must relate to action previously taken by the House on the bill or file. [Ref: Mason's 444]

 

PROCEEDINGS TO BE RECORDED

 

25-4 (a) The proceedings of the House shall be electronically recorded to the extent practicable. The legislative service office shall retain all recordings made during the session and then transfer them to the secretary of state not later than the beginning of the second business day for the office of the secretary of state following the date on which the session adjourned. Upon transfer to the secretary of state, the recordings shall become a public record; however, the contents of any recording made under this rule shall not be construed to supersede the Journal.

 

(b) To the extent practicable, the proceedings of the House shall be broadcast over the internet via RealAudio or similar capability. Contents of any audio broadcast of proceedings under this rule shall not be construed to supercede the Journal. Failure of audio broadcast capability under this rule shall not delay the proceedings of the House.

 

26. UNCONTESTED BILLS

 

26-1 (a) An uncontested bill is any bill passed by the committee of the whole and endorsed as such by the floor leaders of both majority and minority parties.

 

(b) The chief clerk shall show such bills on the third reading calendar "Consent List".

 

(c) Any member may request at any time prior to the question on third reading that a bill be removed from the consent list and placed on regular third reading.

 

(d) At that order of business "Third Reading", the majority floor leader shall move for consideration of all consent list bills. A roll call vote shall be taken and the results applied to each bill on the list except that opportunity shall be made for any member to request a redesignation of his vote on any bill on the list according to procedures shown in the Manual.

 

[Ref: Mason's 1 to 25, 257 to 269, 537]

 

ACCELERATION TO THIRD READING

(ONE DAY SAVING)

 

26-2 (a) The majority floor leader in consultation with the minority floor leader may endorse a list of bills which have passed the Committee of the Whole, are unlikely to be further amended and are likely to pass the House, to be accelerated to Third Reading on the day the bills are considered on Second Reading. The Chief Clerk shall show those bills on the Second Reading calendar with an "X" before the bill number or other designator determined by the Chief Clerk.

 

(b) At the conclusion of Second Reading, the majority floor leader shall move that the rules be suspended with respect to those bills designated under paragraph (a) of this rule and that those bills be immediately considered on Third Reading and final passage.

 

(c) If any legislator objects to the inclusion of a bill on the list for acceleration to Third Reading prior to the vote on a motion under paragraph (b) of this rule, it shall be removed.

 

(d) A motion made under paragraph (b) of this rule requires the same affirmative vote as is necessary to suspend the rules. If the motion passes, the House shall immediately proceed to Third Reading and final passage on each bill on the list with a separate roll call vote for each bill. If the motion fails, the bills shall be placed on Third Reading on the next legislative day.

 

27. SMOKING PROHIBITED

 

27-1 Smoking shall not be permitted in the House chamber or in the seating area on the floor of the House while the House is in session. However, cuspidors shall be provided for those members desiring same.

 

28. SPECIAL RULES FOR THE BUDGET SESSION

 

28-1 For the introduction of any bill (other than the budget bill or a bill to apportion the legislature), the following procedure will be followed:

 

(a) All bills shall be printed and distributed to all members at least 24 hours prior to consideration, except that bills sponsored by the joint interim committees may be considered on the opening day of the session;

 

(b) The prime sponsor, or his designee, will be granted two minutes to address the body as to the need and timeliness of his (or her) particular bill;

 

(c) A one minute rebuttal is allowed to a member who is in opposition to introduction of the bill. The prime sponsor, or his designee, will have thirty seconds to give the final response to the rebuttal;

 

(d) Upon approval of two-thirds of the elected members by a roll call vote a bill will be accepted by the body and assigned by the Speaker to the appropriate committee.

 

INTRODUCTION DEADLINE

 

28-2 (a) No bill will be accepted for consideration except by consent of two-thirds of the house membership after twelve o'clock noon of the third legislative day of the session. (Bills that have been signed, submitted and accepted by the Legislative Service Office prior to the twelve noon cutoff date for consideration of bills but are still at the printer's office will be considered as being within the cutoff deadline. Such a list of bills will be delivered by the Legislative Service Office to the Speaker at the cutoff hour.)

 

(b) No bill shall be considered for introduction after six o'clock p.m. (6:00 p.m.) the fifth legislative day of the session except by consent of two-thirds of the membership.

 

LIMIT ON SPONSORSHIP

 

(c) No member shall sponsor more than five (5) bills in any Budget Session. This limitation shall not apply to joint interim committees, the Management Audit Committee, the Management Council, the Select Water committee and any other Committee designated by the Management Council.

 

BUDGET SESSION CONSENT LIST

 

28-3 Notwithstanding Rule 28-1, the Speaker in consultation with the minority floor leader may propose a Consent List of bills to be voted upon for introduction under the following procedure:

 

(a) The Speaker shall distribute the proposed Consent List to all members at least 24 hours prior to consideration. No bill shall be included on the Consent List unless the bill has been printed and distributed to all members before the proposed Consent List is distributed. No bill shall be added to the Consent List without the approval of the Speaker.

 

(b) Subject to paragraph (a) of this rule, and at the appropriate order of business, the majority floor leader shall move the Consent List. No debate shall be had on the Consent List, but any member may remove any bill from the Consent List upon request before the vote. A roll call vote shall be taken and the results applied to each bill on the list except that opportunity shall be made for any member to request a redesignation of his vote on any bill on the list before the Chief Clerk announces the vote.

 

29. MOTION TO CONCUR

 

29-1 With respect to consideration of requests by the Senate for House concurrence with Senate amendments to House Bills and of joint conference committee reports, only the motion to concur shall be in order.

 

30. CONSTITUENT SERVICE ALLOWANCE

 

30-1(a) Claims for constituent service allowance submitted by members of the House pursuant to W.S. 28‑5‑106 shall be accompanied by an itemized listing of expenditures for which reimbursement is requested including:

 

(1) The date, place and purpose for which in-state travel reimbursement is requested from the constituent service allowance account; and

 

(2) An itemization of all other claimed expenditures for which reimbursement from the constituent service allowance account is authorized by Management Council policy.

 

(b) Nothing in this rule shall require the submission of receipts for claimed expenditures.

 

(c) Reimbursement disclosures required by this rule shall be filed in the Legislative Service Office and maintained as a public record.

 

 

31. ADMINISTERING BILL SPONSORSHIP LIMIT

 

31-1 For the purpose of administering House Rule 28‑2(c) which limits the number of bills which a member may sponsor, the following shall apply:

 

(a) There shall be no limit on the number of bill drafts which a member may request be drafted by the Legislative Service Office;

 

(b) The Legislative Service Office shall assign a bill number and jacket for introduction bill drafts in the order that the sponsor approves and submits the drafts for final processing;

 

(c) The Legislative Service Office shall immediately advise the member when that member has approved and submitted bill drafts for introduction in an amount equal to the limit prescribed by the applicable rule. If the member thereafter submits an approval for an additional bill draft for final processing so as to be assigned a bill number and jacketed, the Legislative Service Office shall not process the bill further unless the member withdraws a bill that the member previously approved and submitted for sponsorship. For the purpose of this paragraph, a member withdraws a bill previously approved and submitted for sponsorship by:

 

(1) If the session has not convened, directing the Legislative Service Office to cancel the previously approved bill;

 

(2) If the session has convened, submitting the jacket of the bill to be cancelled to the Chief Clerk with a written and signed notation on the jacket to cancel the bill.

 

(d) If the legislator wishes to request that the rule on limits be suspended for the purpose of introducing a bill in excess of the number authorized, the member shall have the bill draft as prepared by the Legislative Service Office distributed to the membership and then make the motion to suspend the rules. If the motion passes, the Legislative Service Office shall immediately jacket the bill, assign it a number and submit it to the Chief Clerk.