JOINT RULES OF THE HOUSE AND SENATE
TABLE OF CONTENTS
1. Definitions
2. Conference Committee
3. Messages
4. Engrossing and Enrolling
5. Re-Introduction of Rejected Bills
6. Both Houses Receive All Bills
7. Journal Entries
8. Action Sheets and Calendar
9. Joint Sponsorship of Bills
10. Procedural Authority
11. Rules
12. Administrative Rule Orders
13. Standing Committee Reports
14. Budget Bills
15. Election Contests
16. Standing Committee Records
JOINT RULES OF THE HOUSE AND SENATE
1. DEFINITIONS
1-1 Whenever the word "bill" is used in these rules, it shall be
understood to include Senate Files, House Bills, Senate and
House Joint Memorials and Resolutions unless otherwise
specified. Also, the Wyoming Manual of Legislative Procedures,
Revised, will be referred to as the "Manual".
2. CONFERENCE COMMITTEE
APPOINTMENT
2-1 (a) In every case of amendment to a bill agreed upon in
one house and dissented from in the other, the latter
house shall appoint a committee of three (3) to confer on
the matter and request the other house to appoint a like
committee. Appointments shall be made by the President
of the Senate and Speaker of the House pursuant to
Sections 769 and 770 of "Mason's Manual of Legislative
Procedure" generally, and to Paragraph 6 of Section 769,
specifically.
(b) A first joint conference committee is not a free
committee, however, in addition to recommending that the
houses adopt or delete amendments previously adopted by
either house, a first committee may propose additional
amendments to:
(1) Correct technical errors in a previously adopted
amendment;
(2) Make minor language changes in a previously adopted
amendment provided the modified amendment is
substantially the same as the original amendment;
or
(3) Propose an alternative which reflects a compromise
position on an issue on which the two houses have
adopted conflicting amendments, provided the
compromise lies between the positions taken by the
two houses.
(c) If the first conference committee report is not
adopted, each committee appointed thereafter shall be a
free conference committee as defined in Section 773 of
"Mason's Manual of Legislative Procedure". [Ref: Mason's
§§ 766 to 775]
(d) Chapter 71, Section 766, Paragraphs 6 and 7 of
"Mason's Manual of Legislative Procedure" shall not
apply.
PROCEDURES
2-2 Such conference committees shall meet at a convenient hour to be
agreed upon by their respective chairmen and shall confer upon
the differences between the two houses. As soon as possible, the
respective houses shall move for the adoption of the Joint
Conference Committee report. Adoption of the report must be by
vote of a majority of the elected members of each house unless
a greater majority is required to pass a measure such as is the
case with constitutional resolutions.
REPORT
2-3 (a) Report of a conference committee shall be made with
two original copies. A majority of the conferees from
each house are to sign both copies in the proper places
with the chairman from each house signing the top line of
their sections. The chairman from the house of the
bill's origin shall deliver the two (2) signed copies to
his Chief Clerk for processing and approval as to form.
The house of origin shall consider the report first.
[Ref: Mason's § 771]
(b) An objection that a first conference committee has
not confined itself to the scope of its authority to
propose amendments pursuant to Joint Rule 2-1(b) shall be
made from the floor prior to the vote on the report, and
if not made at that time is not in order at a later time.
RECEDING FROM NONCONCURRENCE
2-4 If the house of the bill's origin adopts a conference committee
report that adopts all of the amendments of the second house and
makes no other amendment to the bill, the house of origin shall
be deemed to have receded from its nonconcurrence and to have
concurred in the amendments of the second house. The action of
the house of origin in adopting the conference committee report
constitutes final passage of the bill with the amendments of the
second house and the bill shall thereupon be sent for
enrollment. A message that the house of origin has receded from
its nonconcurrence shall be sent to the second house.
3. MESSAGES
MESSAGES, BY WHOM
3-1 Messages shall be sent by persons each house determines to be
proper. [Ref: Mason's §§ 761, 763]
MESSAGES ON ACTION TAKEN
3-2 Notice of action of either house to the other shall be in
writing and over the signature of the chief clerk of the house
from which the notice is sent and addressed to the presiding
officer of the other house. [Ref: Mason's § 761]
MESSAGES ON REJECTED BILLS
3-3 When a bill, which has passed in one house, is rejected by the
other, a message shall be immediately given to the house in
which the bill had passed and the bill transmitted with the
message. [Ref: Mason's §§ 761, 769]
MESSAGES OF FINAL ACTION ON
A BILL
3-4 When a bill has been finally acted upon by either house, the
chief clerk thereof shall, by message, inform the other house of
such final action and of any unengrossed amendments thereto.
The message, upon receipt, shall be entered upon its journal.
Messages shall identify the bill covered thereby by referring to
the number and giving a short title, setting forth in a general
way the subject thereof. [Ref: Mason's § 761]
MESSAGES, RECEIPT OF
3-5 A receipt shall be taken from the person to whom messages and
bills are delivered when same are conveyed from house to house
or from one area of responsibility to another. [Ref: Mason's §
763]
4. ENGROSSING AND ENROLLING
ENGROSSING
4-1 When a bill has passed the house of origin 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 second house 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 first
house without the consent of the second house.
ENROLLING
4-2 Every bill which has passed both houses shall be delivered by
the house which last took action on the bill to the Legislative
Service Office which shall promptly prepare the enrolled act to
include all adopted amendments in proper form and deliver the
act to the chief clerk of the house of origin. A bill received
by the Legislative Service Office under this rule shall not be
recalled by the second house without the consent of the house of
origin. The chief clerk shall endorse on the back of the last
sheet of each enrolled act a certificate specifying the house of
origin. [Ref: Mason's § 702, 738]
ENROLLED ACT SIGNING
4-3 When enrolled acts are presented to the presiding officer for
signing, they shall be the first order of business after the
current order and be signed immediately after their titles have
been publicly read and the fact of signing shall be entered in
the journal. [Ref: Mason's §§ 738, 739]
PRESENTMENT TO GOVERNOR
4-4 When both presiding officers have signed an enrolled act,
except for an act proposing an amendment to the Wyoming
Constitution, the messenger shall present the act to the
governor for approval and exchange the act for a signed
receipt which gives the day and hour of presentation to the
governor. [Ref: Mason's §§ 740]
PROPOSED CONSTITUTIONAL AMENDMENTS; DELIVERY TO
SECRETARY OF STATE
4-5 When both presiding officers have signed an enrolled act
proposing an amendment to the Wyoming Constitution, the
messenger shall deliver the act to the Secretary of State and
exchange the act for a signed receipt which gives the day and
hour of delivery to the Secretary of State.
5. RE-INTRODUCTION OF REJECTED BILLS
5-1 When a bill has been passed in one house and rejected by the
other, it shall not be brought in again during the same session,
without a notice of three (3) days and approval by a majority of
the house in which it is to be renewed. However, the same bill
shall not be presented more than twice in either house. [Ref:
Mason's § 726]
6. BOTH HOUSES RECEIVE ALL BILLS
6-1 The Legislative Service Office shall distribute a sufficient
quantity of bills to both houses for the use of members and
staff.
7. JOURNAL ENTRIES
7-1 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 all proposed amendments and action on
them. Substitute bills when offered as amendments shall
be referenced in the journal by title only.
(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 other house.
[Ref: Mason's §§ 694 to 703]
7-2 At the conclusion of each legislative work day the chief clerk
of each house shall have prepared a journal of actions as
required by the Constitution, statutory laws and these rules.
8. STATUS SHEETS AND CALENDAR
8-1 The Legislative Service Office shall distribute, each
evening, lists showing all action on bills during that day and
showing on the next day's calendar the position of each bill in the
possession of the appropriate house.
9. JOINT SPONSORSHIP OF BILLS
9-1 Bills may be cosponsored-sponsored by members of both houses.
[Ref: Mason's § 618]
9-2 Any standing committee of the Senate and corresponding committee
of the House may, by vote of the majority in each house, act
together as a joint committee for the preparation and
introduction of bills or for the consideration of bills assigned
to the committees.
10. PROCEDURAL AUTHORITY
10-1 The "Wyoming Manual of Legislative Procedures" shall govern
procedural matters for the Legislature not shown elsewhere in
these rules and not inconsistent with those found in the Wyoming
Constitution. Changes to this manual shall be made only with
the consent of the rules committees of the Senate and House.
[Ref: Mason's § 2]
10-2 All relations between the houses which are not covered by these
rules, the Wyoming Statutes and Constitution or the above Manual
shall be governed by Mason's "Manual of Legislative Procedure
For Legislative and other Governmental Bodies". [Ref: Mason's
§§ 30 to 32]
11. RULES
11-1 Adoption of separate Senate and House rules shall be
accomplished independently by the affirmative vote of the
majority of those elected to each body. The joint rules
governing relations between the houses shall be adopted by a
similar majority as the bodies vote separately on the same
question. [Ref: Mason's §§ 19 to 21]
TEMPORARY RULES
11-2 As early as possible, each house of each new legislature shall
adopt by a majority of those elected, the rules of the previous
legislature as the temporary rules of the new legislature.
[Ref: Mason's § 21]
PERMANENT RULES
11-3 By the close of business on the 5th day of each new legislature,
the separate rules committees shall submit their recommendation
of permanent rules for consideration and adoption in each house
by a majority of those elected. A joint meeting of Senate and
House rules committees shall make recommendations on the joint
rules for each new legislature before adoption of permanent
rules. These permanent rules shall govern all sessions of a
legislature unless changes are properly adopted.
SUSPENSION OR CHANGE OF RULES
11-4 No joint rule shall be changed, suspended or rescinded except by
a vote of at least two-thirds of the elected members of the
House and Senate. [Ref: Mason's §§ 279 to 287, 408]
AMENDMENTS
11-5 All amendments, failed or adopted, shall be retained in the bill
jacket after action has been taken on the proposed amendments,
to be preserved in the Secretary of State's office as a
permanent record.
12. ADMINISTRATIVE RULE ORDERS
12-1 On or before the final day for bill introduction each house
shall schedule Committee of the Whole action on administrative
rule reports and proposed legislative orders disapproving
specified administrative rules, together with expressions of
legislative intent, received from the Legislative Management
Council as required by W.S. 28-9-107. Members of the Management
Council in each house shall present the recommendations
contained in the reports. The proposed orders are subject to
debate, amendment, three readings and roll call votes in each
house and conference committees in the same manner as bills
except that it shall be referred directly to the Committee of
the Whole and that there shall be no requirement for a
two-thirds affirmative vote for introduction during the Budget
Session. Recommendations receiving the approval of each house
shall be denoted Legislative Orders, signed by the Speaker of
the House and President of the Senate, entered in the Journal
and presented to the Governor as prescribed by Article 3,
Section 41, Wyoming Constitution.
13. STANDING COMMITTEE REPORTS
13-1 When a standing committee has adopted a recommendation of Do
Pass on a bill or resolution, the committee report shall be
presented to the Presiding Officer for placement on General File
within two (2) working days of the standing committee vote
unless given leave otherwise by the Presiding Officer.
14. BUDGET BILLS
14-1 (a) Except for emergency appropriations which may be
contained in a separate bill, an identical bill for the
entire state budget shall be introduced in both the Senate
and the House as identical or "mirror" budget bills. Only
one (1) of the introduced mirror bills shall be enacted
into law. This rule applies to the supplemental budget
bill in the same manner as the bill for the entire state
budget.
(b) During committee of the whole, second reading or
third reading of a mirror budget bill, each section of the
bill or portion of a section, including any amendments to
that section or portion of a section, shall be considered
only once during that reading even though that reading may
be extended beyond one (1) day. For the purpose of this
subsection, a section of the bill means a separately
numbered section dealing with an agency's budget or a
complete, separate numbered section, such as a "Section
200". A portion of a section means a separately listed line
item within that section. The sequence in which the
sections of the budget bills are considered shall be the
same for both houses.
(c) An amendment may refer to or affect a section or
portion of a section of the bill previously considered on
the same reading when it is necessary for conformance or
when it is essential to the intent of the amendment to the
section under consideration. Any amendment which deals
with a section that was previously considered on the same
reading is not divisible as to that previously considered
section.
(d) Notwithstanding House Rule 12-3 or Joint Rule 4- 1,
upon passage by the house of origin, a mirror budget bill
shall be delivered directly to the second house for action
without engrossing, but shall be accompanied by amendments
adopted by the first house. A bill so delivered to, and
in the possession of, the second house shall not be
recalled for further action by the first house without the
consent of the second house.
(e) (1) When a mirror budget bill has passed the
house of origin, the bill shall be referred to the
standing appropriations committee of the second
house. The standing committee shall identify
amendments from the house of origin which are
identical to amendments adopted by the second house
with respect to its own mirror budget bill. The
standing committee shall submit a list of those
amendments so identified to the second house. No
action shall be taken regarding this list.
(2) As to all other amendments from the house
of origin, the committee shall provide a list of them
in the committee's report, but shall not recommend
adoption or rejection and shall not propose any
modifications to those amendments. It shall be out of
order for the standing appropriations committee to
propose any other amendment to the mirror budget
bill.
(f) (1) Notwithstanding Senate Rules 8-4 and 11-1,
House Rules 7-1 and 10-1, and any other rule to the
contrary, the mirror budget bill passed by the house
of origin shall, after the standing appropriations
committee of the second house has reported the bill
back to the second house, be placed and considered by
the second house on third reading. Each amendment on
the list specified in paragraph (e)(2) of this rule
in the standing committee report from the house of
origin shall be explained on the floor by a member of
the appropriations committee designated by the
chairman and then voted upon separately.
Consideration on third reading in the
second house of the mirror budget bill passing the
house of origin shall be limited to a non-binding
("straw poll") vote regarding each of the amendments
adopted by the house of origin which are not
identical to amendments adopted by the second house
on its own mirror budget bill. Any other amendment
shall be out of order. Senate Rule 15-1 and House
Rule 14-1 do not apply to debate on amendments to the
mirror budget bill being considered on third reading
in the second house to the extent those rules limit
members to speaking no more than twice on the same
issue. Third reading may be extended beyond one (1)
day to consecutive days to permit consideration of
amendments. Non-binding ("straw poll") votes shall be
taken by roll call. The purpose of these votes are
solely to provide non-binding guidance to members of
the conference committee from the house in its
deliberations on developing a conference committee
report.
(g) After all third reading amendments have been
considered, no third reading vote will be taken, and the
bill shall not be sent back to the house of origin for
concurrence. Rather, both mirror budget bills will be
immediately referred to the same joint conference committee
appointed by the presiding officers of both houses.
(h) Notwithstanding Senate Rule 7-6, House Rule 4-6 or
Joint Rules 2-1 through 2-3, the following rules shall
govern joint conference committee action on mirror budget
bills:
(1) Both mirror budget bills shall be referred
to a single joint conference committee on the budget
as soon as third reading in the second house is
completed;
(2) The presiding officers of each house shall,
in accordance with these rules and "Mason's Manual of
Legislative Procedure," appoint a conference
committee of five (5) to confer on the two mirror
budget bills. A majority of each conference
committee shall be appointed from the prevailing side
on the vote for third reading and final passage of
the mirror budget bill originating in that house.
During the Budget Session, the chairmanship of any
joint conference committee on the mirror budget bills
shall alternate between the house and senate for each
day the joint conference committee meets with the
senate having the chairmanship on the first meeting
day;
(3) The first joint conference committee
appointed is not a free committee, but each
successive committee appointed thereafter shall be a
free conference committee as defined in Section 733
of "Mason's Manual of Legislative Procedure";
(4) The joint conference committee shall
consider and dispose of each adopted Senate amendment
to the Senate mirror budget bill and each adopted
House amendment to the House mirror budget bill.
Only one (1) report shall be submitted for both
mirror budget bills and only one (1) of the two (2)
mirror budget bills referred to the committee shall
be reported back to both houses. The mirror budget
bill not reported back to both houses shall be
regarded as automatically tabled;
(5) The signed joint conference committee
report shall be simultaneously referred to both
houses for concurrence.
(j) Notwithstanding Senate Rule 18-8, House Rule 24-12 or
Part II (3) of the Wyoming Manual of Legislative
Procedures, a motion for reconsideration of a vote on a
mirror budget bill shall be in order only on the same day
that the original vote was taken and only if the bill is
still in the possession of that house. The vote on the
motion to reconsider shall be taken no later than the last
item of business on the day of the original vote. If a
vote to reconsider has passed or failed on a motion under
this subsection, it shall not be in order to move to
rescind the vote on that motion.
15. ELECTION CONTESTS
15-1(a) Upon receipt of notice of election contest and supporting
documents from the secretary of state pursuant to W.S.
22-17-112, the presiding officer of the senate if the
contest is for the office of state senator, or the
presiding officer of the house if the contest is for the
office of state representative, shall, as soon as possible,
appoint a special committee to hear the contest. A special
committee in the senate shall consist of five (5) members
and a special committee in the house shall consist of nine
(9) members. Committee appointments shall be apportioned
as nearly as possible to reflect the percentage of the
elected members of the majority and minority parties of the
appropriate house. The presiding officer of the
appropriate house shall also appoint a chairman of the
committee.
(b) (1) The appointed committee shall hear the
election contest as expeditiously as possible.
(2) Each party to the proceedings may be
represented by counsel and shall be afforded
reasonable opportunity to be heard and to present
oral argument. In accordance with W.S. 22-17-111,
any party may, under procedures applicable to a civil
action, take the deposition of any witness at any
time after service of notice of intent to contest
pursuant to W.S. 22-17-110. For purposes of this
rule, "party" means any contestant and any person who
is certified as elected by the state canvassing board
whose election is being contested.
(3) The burden of proof is on the contestant to
prove at least one (1) of the grounds specified under
W.S. 22-17-101(a) by a preponderance of the evidence.
If the contest is based upon grounds specified under
W.S. 22-17-101(a)(iv) or (v), the contestant also has
the burden of proving that any irregularities shown
were of such a nature that, if not for the
irregularities or for any illegal votes counted for
the person declared elected, that person would not
have been elected.
(4) In proceedings before the committee,
irrelevant, immaterial or unduly repetitious evidence
shall be excluded and no recommendation shall be made
unless supported by the type of evidence commonly
relied upon by reasonably prudent men in the conduct
of their serious affairs. Documentary evidence may
be received in the form of copies or excerpts, if the
original is not readily available. A party may
conduct cross-examinations required for a full and
true disclosure of the facts and a party is entitled
to confront all opposing witnesses.
(c) (1) All proceedings of the committee concerning
election contests shall be electronically recorded.
The committee shall provide all parties advance
notice of each meeting, hearing or other proceeding
of the committee concerning the election contest.
(2) The chairman of the committee shall have
the power to administer oaths and to compel the
attendance of witnesses and the production of
documents relevant to the contest, as authorized by
W.S. 28-1-107 through 28-1-112. Any testimony made
at any committee hearing or before the appropriate
house which purports to establish matters of fact
shall be made under oath.
(d) Not later than the fourth legislative day following
the date the committee was appointed, the committee shall
report its findings and final recommendation to the
appropriate house. The final recommendation of the
committee shall be to either sustain or reject the election
contest.
(e) (1) As soon as practicable but not later than
the second legislative day following receipt of the
committee report pursuant to subsection (d) of this
rule, the appropriate house shall consider the
committee findings and final recommendation. Only a
motion to sustain or reject the election contest
shall be in order. The motion is debatable.
(2) Debate on the motion to sustain or reject
the election contest shall be limited as follows:
(A) No member may speak more than
twice on the motion; and
(B) No member shall occupy the floor
more than five (5) minutes each time that he
speaks; and
(C) There shall be no extensions of
time under this rule.
(3) Once deliberations begin on a motion to
sustain or reject the election contest, the house or
senate, as applicable, shall not adjourn until the
contest is decided.
(4) If a quorum to transact business is
present, a majority of the members of the appropriate
house who are present may sustain or reject the
election contest.
(f) Following a determination under subsection (e) of
this rule, the presiding officer of the house or of the
senate, as applicable, shall inform the governor and the
secretary of state of the decision.
(g) A decision of either house under this rule is final
and shall not be subject to appeal.
(h) If the election contest is rejected by the applicable
house, the individual whose election was contested shall,
for purposes of salary, per diem and mileage, be treated
as if the contest had not been initiated.
16. STANDING COMMITTEE RECORDS
16-1(a) Except for the following designated records, no written
document in the possession of a standing committee and no
minutes or other record purporting to reflect an action or
recommendation of a standing committee shall be deemed to
be an official record of the Wyoming Legislature:
(1) Standing committee reports;
(2) Record of votes reported pursuant to Senate
Rule 7-3;
(3) Rulings by the Senate Rules and Procedure
committee under Senate Rule 23-1;
(4) Reports of recommendations on governor's
appointments required by Senate Rule 25-3;
(5) Other written records reflecting formal
committee action or recommendation which are approved
and signed by the committee chairman and which are
reported to the full body of the House or Senate and
are made a part of the journal.
(b) Except as provided by subsection (a) of this section,
all other documents and records developed by, presented to,
or in the possession of, a standing committee during a
Legislative session are deemed to be unofficial temporary
working papers of the standing committee and shall not be
preserved as an official record of the Wyoming Legislature
following adjournment of the session.