RULES
OF THE SENATE
1. HOUR OF MEETING
1-1 The Senate shall meet each day of sitting at
10 A.M., unless the Senate shall have adjourned to some other hour. A majority of all the members of the Senate
shall constitute a quorum; but a less number, after waiting one hour for a
quorum, may adjourn from day to day.
[Ref: Mason's §§ 500 to 506]
2. ELECTION OF OFFICERS
2-1 The officers of the Senate shall be elected by
a majority of all the members of the Senate.
A Senator who served as President during a term of the legislature shall
not be eligible to serve as President during the next term of the
legislature. A Senator who served as
Vice‑President during a term of the legislature shall not be eligible to
serve as Vice‑ President during the next term of the legislature. As used in this rule, "term of the
legislature" means the period beginning on the first Monday in January of
an odd‑numbered year and continuing until the next Monday in January in
an odd‑numbered year. [Ref:
Mason's § 586]
3. CALL TO ORDER AND ROLL CALL
3-1 The President shall take the chair at the hour
fixed for the meeting of the Senate and call the members to order. The members shall thereupon take their
respective seats and the Clerk shall proceed to call the roll of the members,
and the names of those present and absent shall be entered upon the
Journal. [Ref: Mason's §§ 710 to 714]
4. ORDER OF BUSINESS
4-1 The following shall be the order of
business:
a. Roll call
b. Prayer by the chaplain
c. Journal
d. Confirmation of appointments, if any
e. Messages from the governor and/or house
f. Unfinished business
g. Introduction, reading and reference of bills
h. House bills on first reading
i. Reports from standing committees
j. Reports from select committees
k. Bills on second reading
l. Bills on third reading and final passage
m. Consideration of bills on general file
n. Signing of enrolled acts
o. Action on administrative rule orders
p. Special orders and committee announcements
q. Recess/Adjournment
[Ref: Mason's §§
200 to 210]
5. ABSENT MEMBERS AND OFFICERS
5-1 No member or officer shall absent himself from
the service of the Senate except:
a. In
case of sickness;
b. With
permission of the President first obtained;
c. By
a majority vote of the Senate first obtained.
QUORUM
‑ HOW MAINTAINED
5-2 In case fewer than a Quorum of the Senate
shall convene, the President 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]
6. DUTIES OF PRESIDENT AND OFFICERS
[Ref: Mason's
§575]
6-1 It shall be the general duty of the President:
a. To
announce the business before the Senate in the order which it is to be taken
up;
b. To
receive and submit in proper manner all motions and propositions presented by
the members and to announce the result;
[Ref: Mason's §§ 156, 579]
c. To
receive messages and other communications from other branches of the government
and announce them to the Senate;
d. To
authenticate by his signature, when necessary, all acts, orders and proceedings
of the Senate;
e. To
name the members of all committees unless otherwise directed by the Senate;
f. He
shall have the regulation of such parts of the Capitol and its passages as are
or may be set apart for the use of the Senate and its officers;
g. He
shall refer all matters to be committed to the committee most appropriate to
take charge of the same;
h. He
shall call a member to fill the Chair whenever the Senate shall resolve itself
into a Committee of the Whole;
i. He
shall preserve order and decorum, and may speak on points of order in
preference to other members, rising from his seat for that purpose, and shall
decide points of order, subject to an appeal to the Senate. [Ref: Mason's §§ 240, 245, 575]
6-2 The Senate shall elect a Vice‑President,
who, in the absence of the President, shall exercise all the powers and
authority of the President, and shall perform all his duties. [Ref: Mason's § 584]
6-3 All other officers and employees of the Senate
shall perform their respective duties, as generally outlined in "Wyoming
Manual of Legislative Procedures" under the direction of the President.
MAINTAINING
ORDER
6-4 When the Senate is in Committee of the Whole,
should there be any disturbance or disorderly conduct in the lobby or any part
of the Senate, the President shall immediately resume the Chair, and shall have
the power to order the Senate cleared until order is restored. [Ref: Mason's § 684]
7. COMMITTEES
7-1 Senate Standing Committees shall be appointed
by the President of the Senate, with the advice and consent of the Rules and Procedure Committee. Senate Standing Committees are as follows:
1. Judiciary
2. Appropriations
3. Revenue
4. Education
5. Agriculture,
State and
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
7-2 Membership on committees shall be apportioned
as nearly as possible as to reflect the percentage of the elected membership of
the majority and minority parties of the Senate.
(a) All committees with the exception of No. 11
(Journal) shall have five members, one of which shall be the chairman and
member of the majority party.
(b) Committee No. 11 shall have one member from
each party, one from the majority party and one from the minority party.
[Ref: Mason's §§
600 to 602]
STANDING
COMMITTEE PROCEEDINGS
7-3 (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 one (1) of the
following motions, 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:
(1) Do pass;
(2) Amend and do pass;
(3) Do not pass;
(4) No recommendation.
(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 Senate files or house bills 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 Senate. 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.
OPEN
MEETINGS; EXECUTIVE SESSIONS
(d) All standing committee meetings shall be
considered open meetings except when declared to be an executive session by the
standing committee chairman.
[Ref: Mason's §§
391, 611, 615 to 637, 663 to 678]
RECALLING
BILLS FROM COMMITTEE
7-4 Any bill, resolution, petition or
memorial in the hands of any committee may be recalled from such committee
after a reasonable time upon regular motion seconded by three Senators.
Approval of the motion requires a simple majority of those present.
CHANGES
IN COMMITTEE MEMBERSHIP
7-5 No change shall be made in any committee
except by vote of a majority of the members of the Senate. The President of the
Senate may appoint a member to fill any vacancy occurring on any Senate
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
7-6 The President shall appoint three members to
the free or select conference committee following "Mason's Manual"
Sections 769 and 770, generally; and Section 769‑6, specifically. [Ref: Mason's §§ 769 to 773]
JOURNAL
COMMITTEE DUTIES
7-7 The Journal Committee shall meet each day
prior to the convening of the Senate, for the purpose of examining the Journal
of the previous day. They shall report
to the President their recommendation thereto.
[Ref: Mason's § 694]
8. PREPARATION OF BILLS
8-1 Bills for consideration by the legislature
shall be prepared generally per the drafting rules set forth in the manual and
approved as to form, jacketed, indexed and stored in the computer by the
Legislative Service Office before being introduced in the house designated by
the prime sponsor.
DISTRIBUTION
OF PRINTED MATTER
8-2 No printed material shall be
distributed on the floor of the Senate unless it is approved and signed by a
Senator. All approved materials shall be
dated, indicating the name of the approving Senator and indicating the
legislation affected by the materials, if applicable.
FORMAT
OF BILLS
8-3 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 or any portion thereof is
omitted in the drafting of a bill therefor, such omission shall be indicated by
showing it 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 therefor, whether or not
substituted for any word or combination of words in any existing statute or
statutes, such new words shall be so indicated by being underlined.
THREE
8-4 Every bill shall receive three separate
readings, previous to its being passed, and the President shall give notice
whether it be the first, second or
third, which readings shall be on three separate days, unless the Senate
otherwise directs by a two‑thirds vote.
[Ref: Mason's §§ 720 to 722]
MANUAL
OF LEGISLATIVE PROCEDURE
8-5 The "Wyoming Manual of Legislative
Procedure" shall govern procedural matters for the Legislature not shown
elsewhere in these rules and not inconsistent with those found in the Wyoming
Law or Constitution. Changes to this
manual shall be made only by a majority vote of the members of the Senate.
9. INTRODUCTION OF BILLS
DEFINITIONS
9-1 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
9-2 No bill, other than general appropriations
bills shall be introduced after noon of the 12th legislative working day of the
session, except by consent of two‑thirds of the elected members of the
Senate. Bills that have been drafted and
signed, submitted and accepted by the Legislative Service Office prior to the
twelve noon cutoff date for consideration of bills will be considered as being
within the cutoff deadline. Such a list
of bills will be delivered by the Legislative Service Office to the President
at the cutoff hour. [Ref: Mason's § 726]
ORDER
OF BILL INTRODUCTION
9-3 Bills are introduced after they have been
numbered in the order of their presentation to the Chief Clerk and after the
President announces the Order of Business "Introduction,
REFERRAL OF BILLS REQUIRING AN APPROPRIATION
9-4(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, and further provided that for purposes of Rule 11-2, the recommendation of the original standing committee shall govern.
(b) A re-referred bill shall be
given priority consideration by the appropriations committee.
LIMIT
ON NUMBER OF BILLS SPONSORED
9-5 Except for a Budget Session, no member shall
sponsor more than seven (7) bills in any 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, nor shall this limitation include any bill the sole purpose of which
is to repeal existing statutes.
10. FIRST
BY
TITLE
10-1 First reading shall be by catch title and
sponsors' names only. [Ref: Mason's §
733]
REFERENCE
TO COMMITTEE
10-2 (a) Subject
to subsection (b) of this section, the President shall refer each bill to the
appropriate committee but the Senate may, on motion refer the bill to another
committee.
(b) On a motion to re‑refer a bill to
another Committee, a bill shall be identified by bill number, catch title and
prime sponsor before such motion is considered.
[Ref: Mason's §
733]
DELIVERED
TO COMMITTEE CHAIRMAN; MEETING NOTICES
10-3 (a) After
first reading, all bills shall be delivered to the designated committee chairman. [Ref: Mason's § 732]
(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 reported the bill out;
(3) Meetings scheduled on the first or second day
of any session where:
(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
10-4 (a) No
bill shall be amended until after it has been reported upon by a standing or
select committee. The Senate shall take
no action on any proposed amendment until the amendment has been reduced to
writing, approved by the Senate attorney and distributed to the members of the
Senate. 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.
(b) If a standing committee amendment proposes
adoption of a substitute bill and the amendment is adopted during committee of
the whole, subsequent amendments that day which change the standing committee
amendment including ones which restore language in the original bill changed by
the standing committee amendment shall be in order and shall not be deemed a
second consideration of the same item on the same day.
AYES
AND NOES ON APPROPRIATION AMENDMENTS
(c) Except as provided by Rule 11-5(a), the ayes
and noes shall be taken on the motion to adopt any amendment which directly
increases or decreases an appropriation by a specific dollar amount.
[Ref: Mason's §
731]
11. PLACED ON GENERAL FILE
11-1 After a bill has been reported back to the
Senate by the committee to which the same was referred and the standing
committee report read to the body and entered in the journal, it shall be
placed on general file and in its regular order and at the proper time it shall
be taken up and considered by the Senate in the Committee of the Whole.
ORDER
OF GENERAL FILE – END OF SESSION
11-2 Provided, however, that after the twentieth
legislative working day of the session, 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. [Ref:
Mason's §§ 683 to 691]
COMMITTEE
OF THE WHOLE PROCEDURE
11-3 After a bill and its Standing Committee Report
have been read at length to the Committee of the Whole, or until a motion to
dispense with further reading of the bill is carried, it shall be in order for
the Standing Committee Chairman:
(a) To move the committee recommendation on the
bill and then any Standing Committee Amendments. He shall move for the adoption of these
amendments and explain the same. He may
yield the floor to others who may offer further explanations, questions, or he
may move:
(1) to recommend "Do Pass"
(2) to recommend to postpone to a certain date or
indefinitely; which shall take precedence in the order stated.
(b) After either of said motions have been made,
it shall be in order to move, and to take precedence in order of descending
rank:
(1) to "rise and report"
(2) to lay back on "General File"
without prejudice
(3) to re‑refer or recommit
(4) to amend.
[Ref: Mason's §§
155 to 161, 175 to 189]
11-4 A motion to rise and report shall always be in
order and shall take precedence over any other motion. [Ref: Mason's § 689]
11-5 The rules of the Senate shall be observed in
the "Committee of the Whole", so far as they may be applicable,
except:
(a) The ayes and noes shall not be taken unless
the original motion made for passage of a given bill 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;
(b) The "previous question" will not be
in order;
(c) There shall be no limit to the number of
speeches;
(d) The motion for a "call of the Senate, lay
on the table, adjourn" will not be in order.
[Ref: Mason's §§
683, 691]
CHAIR
MAY VOTE
11-6 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]
12. SECOND
12-1 The bill shall be read a second time at least
one day after the Committee of the Whole report on the bill having a "Do
Pass" recommendation unless laid back under Senate Rule 10‑4.
12-2 Second reading shall be by catch title only.
QUESTION
ON SECOND
12-3 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 President shall so order in each case. [Ref: Mason's § 734]
13. THIRD READING
13-1 The bill shall be read a third time,
at least one legislative working day after the second reading unless laid back
under Senate Rule 10‑4. It shall
be read by bill number, catch title, sponsor, and enacting clause only. [Ref: Mason's §§ 736, 737]
MOTIONS
ALLOWED DURING THIRD
13-2 It shall be in order for any member to move:
(a) to postpone to a certain date; or
(b) to recommit; or
(c) to amend, but PROVIDED that these motions may
not be made once the President has put the question as in Senate Rule 13‑5.
[Ref: Mason's §§ 155 to 161, 175 to 187, 578]
13-3 If a bill is recommitted, as permitted in
Senate Rule 13‑2, it shall again be considered by the Senate in Committee
of the Whole and then proceed under the usual procedure from that action.
THIRD
READING DEBATE
13-4 After the President announces "Third
Reading of the Bill", any member may debate the bill or any amendment then
proposed or any debatable motion then made, provided:
(a) Debate shall be so limited that:
(1) no member shall speak more than twice on any
one amendment; or
(2) more than twice on the bill; and
(3) no member shall occupy the floor more than
five minutes each time that he speaks, there shall be no extensions of this
rule.
(b) When the President states the final question
in Senate Rule 13‑5, "Shall the
(c) The Chief Clerk shall then call the roll
without interruption.
QUESTION
ON THIRD
13-5 Upon the conclusion of the third reading, the
President shall put the question this way: "The bill (naming it by number)
having been read three separate times, the question is: Shall the bill
pass? The Chief Clerk will call the
roll." The ayes and noes shall be
taken. [Ref: Mason's §§ 130 to 133, 523,
530.7]
NO
VOTE AFTER DECISION ANNOUNCED
13-6 When the ayes and noes shall be taken on any question,
in pursuance of Senate Rule 13‑5, no member shall be permitted under any
circumstances whatever to vote after the decision is announced from the Chair.
14. VOTING REQUIREMENTS
14-1 (a) Every
member shall vote who may be within the bar of the Senate when the question is
put unless for special reasons he be excused.
(b) A motion to excuse a member from voting shall
be made before the call of the ayes and noes is commenced, and any member
wishing to be excused from voting may briefly and pertinently explain his
reason therefor; but, when the ayes and noes are being taken the call shall not
be interrupted for any purpose whatsoever.
[Ref: Mason's §§
521, 522]
14-2 Any member present within the bar of the Senate
who refuses to vote on any question shall be placed on record as having voted
in the affirmative. [Ref: Mason's §
515.a]
CALL
FOR THE AYES AND NOES
14-3 (a) When
the question is being taken, or about to be taken, it shall be competent for
any member to call for the ayes and noes, which shall be entered on the
Journal. [Ref: Mason's § 530]
(b) Except
as provided by Senate Rule 11‑5(a), the ayes and noes shall be taken on
the motion to adopt any amendment which directly increases or decreases an
appropriation by a specific dollar amount.
INTERRUPTION
OF VOTING PROHIBITED
14-4 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
14-5 Any member may change his vote on a roll call
of ayes and noes only after the call is completed, but only before the vote is
closed. [Ref: Mason's § 535.6]
RESTRICTIONS
UPON MEMBERS
14-6 No member shall be recognized by the Chair, or
be allowed to vote, when such member is at the time outside the bar of the
Senate, and no member, or other person, shall remain by the Chief Clerk's table
while the ayes and noes are being called. [Ref: Mason's § 121.3]
DISCLOSURE
OF PERSONAL
OR
PRIVATE INTEREST
14-7 A member who has a personal or private
interest in any bill proposed or pending before the legislature shall disclose
the fact to the Senate members at the time of initial consideration during the
committee of the whole or at the time of introduction during the budget
session. If the status of the conflict changes during the legislative process,
the member shall disclose the change in the status of the conflict. Disclosure
of a conflict of interest by any member shall be entered in the Daily Journal. The published Journal shall clearly reflect
the declaration of the conflict of interest of the member with respect to a
roll call vote.
15. LIMIT ‑ POINT OF ORDER
MAY
SPEAK TWICE ONLY ON SAME QUESTION
15-1 No member shall speak more than twice on the
same question on the same day without leave of the Senate. [Ref: Mason's § 102]
15-2 Any member rising to a point of order may be
allowed five minutes in which to state his grounds. [Ref: Mason's §§ 240 to 246]
CALL
TO ORDER WHILE SPEAKING
15-3 When a member is called to order while
speaking, he shall forthwith take his seat until it shall be determined whether
or not he is in order, except he be permitted to explain and if a member be
called to order for words spoken in debate,
the exceptional words shall be immediately taken down in writing by the Chief
Clerk, so that the President and Senate may be better able to judge the
matter. [Ref: Mason's §§ 120 to 126]
16. PERSONAL PRIVILEGES
OBTAINING
THE FLOOR
16-1 When any member is about to speak, or deliver
any matter to the Senate, he shall rise from his seat and respectfully address
the presiding officer. When recognized,
the member shall confine himself to the question under consideration and avoid
personalities, and when he has finished he shall take his seat. [Ref: Mason's §§ 90 to 96, 114]
PRESIDENT
TO DECIDE WHO SHALL HAVE
THE
FLOOR
16-2 When two or more members shall arise at the
same time, the President shall name the person who is to speak first.
MAY
CALL FOR
16-3 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 vote of the Senate. The question is undebatable and may not be
amended. [Ref: Mason's § 112]
PROTEST
AGAINST ACTION
OF
THE SENATE
16-4 It shall be in order for any member or members
to protest against the action of the Senate and have such protest entered
briefly in the Journal. [Ref: Mason's §§
293 to 300]
VOTE
EXPLANATION
16-5 (a) Immediately
after the vote on any question has been announced and at no other time, any
member may explain his vote.
(b) Any member may rise and be recognized to
explain a matter personal to himself but shall not discuss a question in such
explanation or speak more than five minutes on the matter.
[Ref: Mason's §
528]
17. PARLIAMENTARY PRACTICE
17-1 The rules of parliamentary practice comprised
in Mason's "Manual of Legislative Procedure" published by the
National Conference of State
Legislatures in 2000 shall govern the Senate in all cases to which they are not
inconsistent with the rules and orders
of the Senate and joint rules and orders
of the Senate and House of Representatives.
[Ref: Mason's §§ 30 to 32]
DIVISION
OF QUESTION
17-2 Any member may call for a division of the
question, which shall be divided if it comprehend propositions in substance so
distinct that one being taken away, a substantive proposition shall remain for
the decision of the Senate. A motion to
strike out and insert shall be deemed indivisible but a motion to strike out
being lost shall preclude neither amendment nor a motion to strike out and
insert. [Ref: Mason's §§ 310 to 316]
SUSPENSION
OF RULES
17-3 No standing rules of the Senate shall be
rescinded, changed or suspended, except by a vote of at least two‑thirds
of the members duly elected.
REMOVAL
OF OFFICERS
17-4 Two‑thirds of all the members of the
Senate voting for the removal of the President, or any officer of the Senate,
shall be sufficient to vacate the chair, or such office, as the case may
be. [Ref: Mason's § 581]
APPEALS
FROM DECISION OF PRESIDENT
17-5 A majority of all the votes of the members
present shall be sufficient to sustain an appeal from the decision of the
President. [Ref: Mason's §§ 230 to 235]
18. MOTIONS AND QUESTIONS
MOTIONS
18-1 No motion shall be debated until the same shall
have been stated by the Chair. [Ref:
Mason's §§ 155 to 161, 175 to 187]
MOTIONS
REDUCED TO WRITING IF DESIRED
18-2 All motions (except to adjourn, postpone, or
commit) shall be reduced to writing, if desired by the Chair or any member.
WITHDRAWAL
OF MOTION
18-3 If no one objects, any motion may be withdrawn
by the mover at any time before a decision, amendment, or ordering of the ayes
and noes, except a motion to reconsider, which shall not be withdrawn without leave of the Senate. [Ref: Mason's §§ 272 to 276]
18-4 When a question is being debated, no motion
shall be received, except the following, which shall have precedence as listed:
Undebatable:
(l) 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 pass
(8) To postpone indefinitely
[Ref: Mason's §§
155 to 161, 175 to 187]
MOTION
TO ADJOURN
18-5 The motion to adjourn is not debatable, cannot
be amended and is always in order except:
(a) when another has the floor
(b) during roll call
(c) during a call of the Senate
(d) during the Committee of the Whole
[Ref: Mason's §§
200 to 210, 689]
THE
PREVIOUS QUESTION
18-6 (a) Any
member may move the previous question, and if it be seconded by three other
members, the previous question shall be put in this form: "Shall the main
question be now put?" The motion will bring the Senate to a vote on the
pending question without further discussion.
(b) If carried, all debates shall cease, and the
President shall immediately put the main question to vote: first on proposed amendments in their order,
and then on the main question, without debate or further amendment.
(c) Provided, that a motion to adjourn and call of
the Senate shall each be in order after the previous question has been
sustained, and before the main question is put, but 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 COMMIT
18-7 If it be proposed to refer the same subject to
a Committee of the Whole, to a standing committee or to a select committee,
they shall be voted on in the order here given.
[Ref: Mason's §§ 378 to 390]
RECONSIDERATION
OF THE VOTE
18-8 (a) When
a motion has been made and carried or failed, it shall be in order for any
member who voted with the prevailing
side to move for reconsideration of the vote thereof and such motion shall take
precedence over all other questions except the motion to adjourn. The motion may be made on the same day or on
the next succeeding day, providing it is made before the bill leaves the
possession of the Senate.
(b) It is in order for the member to give open
notice from the floor that he may on that day or the next succeeding day move
for a reconsideration. In such case, the
bill shall not be taken from the Senate
until the matter has been finally disposed of.
The notice shall be entered in the Journal and shown on the Action Sheet
and Calendar.
(c) However, the giving of such notice shall not
prevent any other member who voted with the prevailing side from moving a
reconsideration at any time within the limit of this rule, and should this
motion be lost, it cannot be renewed except by the member serving the original
notice. On the last day, if a member gives such notice, it shall be in order
for any other member who voted with the prevailing side to move a
reconsideration at any time during the day.
(d) The motion once made and disposed of cannot be
renewed. The motion is not debatable nor can it be amended, and is carried or
lost by a simple majority vote regardless of the vote required of the original
question. Once the motion is adopted,
the question is in exactly the same condition it was when the vote being reconsidered
was originally ordered, which means no amendment or debate is allowed on the
question and the President shall put the question this way: "On reconsideration of the vote, the
question is, shall (naming the bill by number) pass? The Chief Clerk will call the roll."
(e) There shall be no reconsideration of the
motions to adjourn, lay on the table, suspend the rules, indefinitely postpone,
the previous question and reconsider.
(f) If a vote to reconsider has passed or failed
on a particular motion under this section, it shall not be in order to move to
rescind the vote on that motion.
[Ref: Mason's §§
450 to 474]
CALL
OF THE SENATE
18-9 A call of the Senate shall only be ordered upon
the demand of three members, one making the demand and two seconding the same
by rising. Upon a call of the Senate the
names of the members shall be called by the Clerk and the absentees noted.
After which, the names of the absentees shall again be called. The doors shall
then be shut and those for whom no excuse or insufficient excuse is made 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 found,
or by a special messenger, to be appointed for that purpose. A motion to "call" shall be denied
any committee. [Ref: Mason's §§ 190 to
197]
CALL
FOR DIVISION
18-10 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]
18-11 No motion shall require a second, excepting as
is herein designated. [Ref: Mason's §§
157, 162, 688]
RESCISSION
OF THE VOTE
18-12 Any motion to rescind a vote under section 481,
et seq., of Mason's "Manual of Legislative Procedure" shall require
an affirmative vote of two‑thirds of the elected members to be adopted.
19. JOURNAL ENTRIES
19-1 (a) The
titles of bills and only such parts thereof as shall be affected by the
proposed amendments shall be inserted in the Journal.
(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.
[Ref: Mason's §§
694 to 708]
PROCEEDINGS
TO BE RECORDED
19-2 The proceedings of the Senate shall be:
(a) When not acting as a Committee of the Whole,
entered on the Journal as concisely as possible, care being taken to detail a
true and accurate account of the proceedings; but every vote of the Senate
shall be entered upon the Journal, and a brief reference to the contents of
each petition, memorial or paper presented in the Senate shall also be inserted
in the Journal; [Ref: Mason's § 694 to
697]
(b) To the extent practicable, electronically
recorded. 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;
(c) To the extent practicable, 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 Senate.
REPORT
OF JOURNAL COMMITTEE
19-3 The Journal Committee shall have leave to
report at any time when the Senate is in session, except when the "ayes
and noes" are being taken.
20. MESSAGES
HOW SENT
20-1 Messages shall be sent to the House by the
Assistant Chief Clerk, Sergeant‑at‑arms or any Messenger designated
by the Chief Clerk, the Chief Clerk having previously endorsed the final
determination of the Senate thereon.
[Ref: Mason's § 763]
21. AUTHORIZED PERSONS WITHIN THE BAR OF
SENATE
21-1 No person other than members and officers of
the Senate and House and legislative staff shall be admitted within the bar of
the Senate, except by special invitation on the part of the Senate or President
thereof; but a majority may authorize the President to have the Senate cleared
of all such persons. [Ref: Mason's §
705]
INTERRUPTIONS
TO BUSINESS
21-2 No motion shall be deemed in order to admit any
person or persons whomsoever upon the floor of the Senate to present any
petition, memorial or address, or to hear any such read. [Ref: Mason's § 705]
21-3 No member shall speak to another or otherwise
interrupt the business of the Senate, or read any newspaper while the Journal
or public papers are being read before the Senate, or when any member is
speaking in any debate. [Ref: Mason's §§
120 to 127]
21-4 In case of any disturbance or disorderly
conduct in the lobby or any part of the Senate while in session, the President
shall have the power to order the same cleared.
LOBBYING
FORBIDDEN
21-5 Lobbying is strictly forbidden within the
Senate Chambers. [Ref: Mason's §§ 575 to
578]
EXPUNGE
FROM THE JOURNAL
21-6 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 Senate 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 Senate and must relate to action previously
taken by the Senate on the Bill or File.
22. PROCEDURE FOR UNCONTESTED BILLS
22-1 (a) After second reading all uncontested
bills which have no amendments pending, except for bills or joint resolutions
requiring a two-thirds vote of the elected membership for final passage, shall
be placed by the Chief Clerk on the consent list. If amendments are subsequently prepared to a
bill, the bill shall be automatically removed from the consent list. Any member
may object to having any bill placed on the consent list, in which case it
shall be removed from the consent list.
Any bill removed from the consent list shall be considered separately on
third reading and final passage.
(b) At
the beginning of third reading and final passage of bills, the majority floor
leader shall move the consent list by reading each bill number followed by the
catch title and the presiding officer shall call for the roll call on all the
bills on the consent list. After the
roll call is completed, the Chief Clerk will then ask any member who wishes to
change his vote to stand and identify himself as to each bill or bills on the
consent list. The results of the final
roll call will then be announced for each bill.
23. SENATE CODE OF ETHICS
23-1 A member who has a personal or private interest
in any bill proposed or pending before the legislature shall disclose the fact
to the Senate at the time of initial consideration during Committee of the
Whole and shall not vote thereon. 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 rule by
majority vote whether the member may or may not vote on the bill in question.
SMOKING
PROHIBITED
23-2 Smoking shall not be permitted on the floor of
the Senate chamber while the Senate is in session.
SUPPLEMENTAL
SENATE RULES
24. BUDGET SESSION
24-1 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) Any bill must be printed and on the desk of
all members of the Senate for 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 three minutes to address the Senate as to the need and timeliness of
his (or her) particular bill. No
rebuttal or questions will be permitted.
(c) Upon approval of two‑thirds of the
elected members by a roll call vote, a bill will be accepted by the Senate and
assigned by the President to the appropriate Standing Committee.
BUDGET
SESSION INTRODUCTION DEADLINE
AND
LIMIT ON SPONSORSHIP
24-2 (a) No
bill will be accepted for consideration except by unanimous consent 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 President at the cutoff hour.
(b) No bill shall be considered for introduction
after five o'clock p.m. on the fifth legislative day of the session except by
unanimous consent of the membership.
(c) No member shall sponsor more than three (3)
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.
OPEN
MEETINGS - EXCEPTION
24-3 All Standing Committee meetings shall be
considered open meetings except when declared to be an executive session by the
Standing Committee Chairman.
BUDGET
SESSION CONSENT LIST
24-4 Notwithstanding Rule 24‑1, the President
in consultation with the minority floor leader may propose a Consent List of
interim committee bills to be voted upon for introduction under the following
procedure:
(a) The President shall distribute the proposed
Consent List to all members at least 24 hours prior to consideration. No
interim committee bill shall be included on the Consent List unless the interim
committee bill has been printed and distributed to all members before the
proposed Consent List is distributed. No
interim committee bill shall be added to the Consent List without the approval
of the President.
(b) Subject to subsection (a) of this rule, and at
the appropriate order of business, the majority floor leader shall move the
Consent List. No debate shall be
permitted on the Consent List, but any member may remove any interim committee
bill from the Consent List upon request before the vote. A roll call vote shall be taken and the results applied to each
interim committee bill on the list except that opportunity shall be made for
any member to request a redesignation of his vote on any interim committee bill
on the list before the Chief Clerk announces the vote.
25. CONFIRMATION OF APPOINTMENTS
25-1 Upon 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.
25-2 On 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.
25-3 Prior
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.
26. LIMITATION ON MEMBERS SPEAKING
26-1 When the Senate is in session no member shall
speak more than twice on the same question on the same day without leave of the
Senate.
26-2 No member shall occupy the floor more than five
minutes each time he speaks. This limitation shall not apply to:
(a) Debate regarding the bill or Standing
Committee amendment under Senate Rule 11-3(a);
(b) Explanation of the Mirror Budget Bill by
members of the appropriations committee under Joint Rule 14-1(b) or explanation
of House amendments to the Mirror Budget Bill by members of the appropriations
committee under Joint Rule 14-1(f);
(c) Explanation of the report of a conference
committee under Joint Rule 2-3 or Joint Rule 14-1(h).
27. MOTION TO CONCUR
27-1 With respect to consideration of requests by
the House for Senate concurrence with House amendments to Senate Files and of
Joint Conference Committee reports, only the motion to concur shall be in
order.
28. ADMINISTERING BILL SPONSORSHIP LIMITS
28-1 For the purpose of administering Senate Rules 9‑5
and 24‑2(c) which limit 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
rules 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.