RULES OF THE SENATE
TABLE OF CONTENTS
1. Hour of Meeting
2. Election of Officers
3. Call to Order and Roll Call
4. Order of Business
5. Absent Members and Officers
6. Duties of President
7. Committees
8. Bills, Resolutions, and Memorials
9. Introduction of Bills
10. First Reading
11. Placed on General File
12. Second Reading
13. Third Reading
14. Vote
15. Limit - Point of Order
16. Personal Privileges
17. Parliamentary Practice
18. Motions and Questions
19. Journal Entries
20. Messages
21. Authorized Persons and Interruptions
22. Uncontested Bills
23. Senate Code of Ethics
24. Budget Session
25. Governor Appointments
26. Limitation on Members Speaking
27. Concurrence
28. Bill Sponsorship Limits
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. Governor 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. Bills on second reading
k. Bills on third reading and final passage
l. Consideration of bills on general file
m. Signing of enrolled acts
n. Action on administrative rule orders
o. Special orders and committee announcements
p. 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 or by
a
c. 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
[Ref: Mason's §575]
It shall be the general duty of the President:
6-1 To announce the business before the Senate in the order
which it is to be taken up.
6-2 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]
6-3 To receive messages and other communications from other
branches of the government and announce them to the Senate.
6-4 To authenticate by his signature, when necessary, all acts,
orders and proceedings of the Senate.
6-5 To name the members of all committees unless otherwise
directed by the Senate.
6-6 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.
6-7 He shall refer all matters to be committed to the committee
most appropriate to take charge of the same.
6-8 He shall call a member to fill the Chair whenever the
Senate shall resolve itself into a Committee of the Whole.
6-9 He shall preserve order and decorum, and may speak on
points of order in reference 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, 583]
6-10 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]
6-11 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]
6-12 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.
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, Public Lands and Water Resources
6. Travel, Recreation, Wildlife and Cultural Resources
7. Corporations, Elections and Political Subdivisions
8. Transportation and Highways
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 DUTIES
7-3 Standing Committees shall take charge of and report in
writing on all matters referred to them respectively. The
vote on final disposition of all bills and any vote on a
failing motion to report a bill or postpone consideration
until after the established final date for regular
consideration of the bill will be included in the Committee
report, indicating how each member voted. If the committee
submits its report on a bill after the established final
date for regular consideration of the bill, a record of the
vote shall be submitted to the chief clerk and the vote
shall be recorded in the journal. After the established
cutoff date for consideration of bills, the committee
chairman shall return all bills still in committee to the
chief clerk along with the record of any votes required to
be in the committee report. The record of these votes, if
any were taken, shall be entered in the journal along with
the notation that the bill died in committee. All standing
committee meetings shall be considered open meetings except
when declared to be an executive meeting 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.
NO CHANGES IN COMMITTEES
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. BILLS, RESOLUTIONS, AND MEMORIALS
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.
IDENTITY 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, identifying the
approving senator and indicating the legislation affected
by the materials, if applicable.
BILLS PROPOSING CHANGES TO LAWS
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:
LINE OUT DELETIONS
(a) 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.
UNDERLINE ADDITIONS
(b) 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 READINGS
8-4 Every bill shall receive three several 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]
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]
INTRODUCTION METHOD
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, Reading and Reference of Bills" (see
procedure and language style in Manual). [Ref: Mason's §§
726 to 728]
BILLS REQUIRING APPROPRIATION
9-4 Bills requiring an appropriation shall contain the
appropriation as part of the bill. The bill 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.
LIMIT ON INTRODUCTION
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 READING
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) Except for re-referral to the Appropriations
Committee of any bill containing an appropriation, on
a motion to re-refer a bill to another Committee, a
bill shall be identified by bill number, catch title
and 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.
(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.
[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, 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
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. The
motion to indefinitely postpone shall not be in order
during Committee of the Whole prior to a roll call
under this subsection.
(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 READING
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.
TITLE ONLY
12-2 Second reading shall be by catch title only.
QUESTION
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. It
shall be read by bill number, sponsor, catch title and
enacting clause only. [Ref: Mason's §§ 736, 737]
MOTIONS ALLOWED DURING THIRD READING
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
the following rule.
[Ref: Mason's §§ 155 to 161, 175 to 187, 578]
QUESTION
13-3 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 several 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]
CANNOT VOTE AFTER DECISION
13-4 When the ayes and noes shall be taken on any question, in
pursuance of the above rule, no member shall be permitted
under any circumstances whatever to vote after the decision
is announced from the Chair.
13-5 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 13-3,
"Shall the Bill Pass" all debate shall cease and no
amendments, or motions to the bill, shall be in order
without suspending the rules.
(c) The Chief Clerk shall then call the roll without
interruption.
13-6 If a bill is recommitted, as permitted in 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.
14. VOTE
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;
(c) 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 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, and the names
of the members shall be called in alphabetical order as
printed on the slips for the use of the Chief Clerk. [Ref:
Mason's § 530]
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
announced results. [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
ADDRESSING THE PRESIDENT
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 himself to "Mr. President", and 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 READING OF PAPERS
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 1989 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
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]
SHALL BE 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]
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]
MOTIONS TO COMMIT
18-7 If it be proposed to refer the same subject to a Committee
of the Whole, to a standing committee and to select a
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, recorded on tape. After
adjournment on each day the legislature is in
session, the chief clerk shall label each tape used
to record the proceedings for that business day
specifying the house, date and the appropriate number
of the tape in order of the total number of tapes
used on that date in that house and shall initial the
label. The chief clerk shall retain all tapes used
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 tapes shall become a public record;
however, the contents of any tape recording made
under this rule shall not be construed to supersede
the Journal.
BUSINESS - HOW CONDUCTED
PRIVILEGED REPORTS
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 AND INTERRUPTIONS
21-1 No person not a member or officer of the Senate or member
or officer of the House 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 is strictly forbidden within the Senate Chambers.
[Ref: Mason's §§ 575 to 578]
EXPUNGE FROM THE JOURNAL
21-5 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. UNCONTESTED BILLS
22-1 (a) After second reading all uncontested bills
which have no amendments pending 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 the bill numbers 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
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, 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.
(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 LIMIT ON INTRODUCTION
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 meeting
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. GOVERNOR APPOINTMENTS
25-1 Upon receipt of proposed governor appointments pursuant to
W.S. 28-12-101(a), 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 Rule 25-2 shall report its
recommendations regarding any prospective appointee to
the Senate. 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.
27. CONCURRENCE
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. 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.