University of Colorado Student Union
Legislative Council
February 22, 2006 64LCB#7
Written by: Joe Martinez Law Co-Senator
Sponsored by: Joe Martinez Law Co-Senator
Katie Wolf Representative
A Bill to Amend the Legislative Council Bylaws Process on the Passage of Legislation
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Bill History
The current process for the passage of legislation is exceedingly convoluted and unnecessarily complex. The general principle that has been adopted by the council is that legislation should extend over at least two meetings so that there are greater opportunities for public comment and member research. This bill takes that principle and proposes a more simplified system for the passage of legislation.
First, under the current process, most legislation must be approved twice. When controversial or complicated legislation is presented, many members find that they are unprepared to vote for or against the legislation on the first occasion. When this happens the council often tables the legislation; in effect requiring three readings. This bill eliminates this because it requires legislation to be presented at one meeting, but the merits of the bill are not voted on until the second reading. This preserves the opportunity for members to seek input from their constituents and allows time for public comment, while not requiring members to decide upon the merits of the bill the first time they are presented with it. Furthermore, the current regime separates some forms of legislation into “primary measures” and others into “secondary measures.” This bill eliminates that distinction and requires all legislation, except budgets, to be introduced at one meeting and voted upon at the next meeting.
This bill also eliminates confusing and outdated language that suggests that CCS and Rep. Council cannot both fund the same group.
Bill Summary
This bill redrafts the manner in which legislation is proposed and adopted by the Legislative Council.
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THEREFORE BE IT ENACTED, by the Legislative Council of the University of Colorado Student Union, THAT:
Section 1: Article III, Sections 7 & 8 shall be struck.
Section 2: Article III, Section 6 shall be struck from the subsection number on and amended to reflect the following:
6. Legislative Procedures
a. Legislation may be introduced as either a bill or a resolution. Articles of Impeachment, Budgets, and ratifications are excepted from this section.
b. Every member of the Legislative Council and the Executive(s) has an affirmative right to introduce legislation at Legislative Council meetings. All legislation must be submitted in writing, with sufficient copies for each seat on Legislative Council and for the Executive(s). If the author is not a member of the Legislative Council or the Executive(s), the bill must be sponsored by a member of the Legislative Council or the Executive(s). If a bill or resolution number has not been provided, one shall be provided by the President prior to the first reading.
c. All legislation, unless otherwise excepted, must go through at least two (2) readings before it may be approved; but must be approved only once. All legislation that has been submitted to the President one day before a Legislative Council meeting shall be given a reading. Any legislation that is submitted less then one day prior to a Legislative Council meeting may be given a reading at the President’s discretion; the President’s decision may be appealed to the Legislative Council.
d. First Reading. The President or the Clerk shall read the title of the legislation. If there is no title the bill or resolution number shall be read. The legislation must then be seconded or shall fail. Once the title has been read and the legislation seconded, the author or sponsor shall be recognized to speak on the legislation and shall yield the floor to questions. Each seat on Legislative Council shall have an opportunity to question the author or sponsor. After the questioning has ended the following motions are in order:
i) Move for Second Reading: The legislation will be given its second reading at the next scheduled Legislative Council meeting. The motion for second reading is not debatable or amendable. The motion is carried by a simple majority of those present and voting.
ii) Move to Refer to Committee: This motion shall take precedence over the motion for second reading. At any time before the motion for second reading is approved, the motion to refer to committee may interrupt consideration of the motion for second reading. The motion to refer to committee shall indicate what standing committee, commission, or joint board the legislation is being referred to. This motion is carried by 1/3 of the members present. At the next regularly scheduled meeting the committee, commission, or joint board shall either report favorably or unfavorably on the legislation. If the committee is unprepared or unwilling to give a report the legislation shall continue to be “referred to the committee” until a report is given or until a motion to discharge the committee is carried by a majority of the members present and voting.
iii) Move to Table: The motion to table has precedence over the motion to refer to committee and the motion for second reading. The motion to table is carried by a simple majority. When made under this section the motion to table is debatable. Once approved, the legislation is on the table and must be taken from the table before it may be moved for second reading.
iv) Move to pass as an Emergency Act: This motion shall take precedence over the motion to table, the motion to refer to committee, & the motion for second reading. At any time before a final vote is taken on those motions, the motion to pass as an emergency act may be considered. This motion is debatable. If the motion is carried by ¾ of the Legislative Council members present, the legislation shall be approved. Any legislation passed under this provision shall expire six months after passage. Any legislation passed under this provision shall be amended to have the following inserted, in at least a12 point bold font, above the “Be it enacted” or “Be it resolved” clause; “This was passed as an Emergency Act of the Legislative Council. It shall cease to have any effect six months from this date, <insert date of passage>.
e. Second Reading: All legislation that has been moved for a second reading shall be brought back to the floor at the next regularly scheduled legislative council meeting. Legislation that was referred to a committee, commission, or joint board shall be brought back to the floor when the committee, commission or joint board either presents its recommendation or a motion to discharge the committee has been carried. Once legislation has been brought to the floor, the title shall be read, and the author or sponsor shall have another opportunity to present their legislation and again shall yield to questions. After the author or sponsor is through answering questions, the President shall recognize members who wish to speak on the legislation; precedence shall be given, in alternating fashion, between those who wish to speak against and for the legislation. Each speaker may yield to the floor to answer questions from the other members.
i) All motions, as defined by Robert’s Rules of Order, are in order during the second reading.
ii) Any member may call the question, which will move to a vote on the legislation. Any member may object, which will prevent the vote. To force a vote, Previous Question must be called and carried by 2/3 of the members present.
iii) All votes of final passage on the legislation shall occur by roll call vote or by acclamation.
iv) All legislation, unless otherwise provided by these bylaws, must be approved by a majority of the members present.
f. Final Passage: Once legislation is approved, the Legislative Council President shall sign the legislation, indicating it has been passed in conformity with these bylaws. Legislation shall become effective upon one of the following conditions:
i) Signature being affixed by a majority of the Executive(s).
ii) Six days elapsing without signature or veto by the Executive(s).
iii) Immediately upon Legislative Council overriding the Executive(s) veto. The Executive(s) veto is overridden upon a motion to override the executive veto being approved by 2/3 of the entire legislative council.
Section 3: Article III, A, 11 shall be struck from the bylaws.
Section 4:Article III, B, 5 and Article III, C, 4 shall be struck from the bylaws.
Section 5:All numbering referred to herein refers to the numbering of sections contained within the bylaws on the first day of the 64th legislative session.
Section 6: The UCSU office staff, in consultation with the legislative council parliamentarian, shall renumber the affected sections to ensure continuity of the bylaws.
Section 7: Pursuant to Article III, Section 7(d) of the Legislative Council bylaws, these amendments must be introduced one week prior to a vote on their approval; only one vote of approval is necessary for passage. Pursuant to Article XI of the Legislative Council bylaws, this amendment must be approved by 2/3 of the entire Legislative Council (12 votes).