2001 - 2002 LEGISLATURE
January 25, 2001 - Introduced by Representatives Freese, Duff and Kaufert.
Referred to Committee on Rules.
1Relating to: the assembly rules.
Analysis by the Legislative Reference Bureau
Assembly rules 1, 2 (1) to (3), 3 (1) (c), (f), (i), (j), (n), (o), and (r), 4 (3), 5 (1) (a),
(b), (d), (f) to (h), (j), (m) to (p), (s), and (u) and (3), 6 (1) (e) to (g) and (2), 7, 8 (intro.),
(6), and (7), 10 (1), (1m) (intro.) and (c), and (3), 11 (1), (3m), (4), (5) (a), (7), (9), (10),
and (11) (a) and (c), 12, 13 (1) (a) and (c) and (2), 14 (2) and (3), 15 (1) to (3), (4) (b)
and (c), (5), and (6), 17 (2) and (3), 17m, 18 (intro.), (1) (intro.), and (5) (intro.), 19 (1)
(a) and (b), (2) (intro.), and (3), 20 (intro.) and (1), 21 (1) to (3) and (6), 23, 24 (1), (2)
(a) and (b), (3) (a) and (b), and (4), 25 (intro.), (1), and (3), 26 (1) to (5), (6) (a), and
(7), 27, 28, 29 (1) (intro.) and (d) and (2) to (4), 31 (intro.), (2), and (7), 32 (1) (a) to (c),
(2), and (3) (a) to (c), 33 (intro.), (1) (b), (3) to (5), and (7), 34, 35 (title), (1), and (3),
36 (title) and (1) (a) to (c), 37, 39, 40 (intro.) and (2), 41 (1) and (2), 42 (1) (intro.), (b)
and (c), (2), and (3), 43, 44, 45 (1) to (5), 46 (2) to (4), 47 (3), 48, 49 (1) (b) and (2), 50,
52 (1), (2) (intro.), and (3), 53 (intro.) and (4) (b), 54 (1), (2), (3) (intro.) and (d) to (g),
and (4) (intro.), (b), (d), and (f), 55 (1) (a) and (c) and (2), 57 (1) (intro.) and (f), 58 (2)
and (3), 59 (intro.) and (3), 60 (1), 61 (intro.) and (1) to (3), 62 (2), (3) (a) and (b) 1.,
(3m), (6), and (7), 63, 64, 65 (1) (intro.) and (i), (2) (h), (3) (b), and (4), 66 (1) (intro.)
and (f) and (2), 67, 68, 69 (3), 70 (4), 71, 72, 73 (intro.), (2) (b), and (3) to (10), 74
(intro.), (1), and (2), 76 (1), (3), (4), and (6) to (8), 79 (1) and (4), 80 (2), (4), and (6),
81, 82, 83 (2) and (4), 84, 86 (1), (3), and (4), 88, 89 (1) and (2), 90 (3) and (5), 91, 92,
93, 94 (title), (1), and (3), 95 (intro.), (1), (6), (7), (9), (10), (20), (24), (26), (27m), (28),
(29), (33m), (34), (36), (37), (44), (45), (46), (52), (56), (57), (59), (60), (66), (69), (70),
(75), (78), (80), (81), (87) to (92), and (94), 96, and 97 (1) and (5) (intro.):
are amended to: 1) change the spellings of "employe" to "employee," to make the same
change as was made in the statutes by 1999 Wisconsin Act 185
, section 193
the serial comma after the next-to-last word in a series of 3 or more words to conform
the rules to a change in statute drafting style made last session; change the reference
to committees to reflect their new names; and modernize other language; 2) change
wording so that the assembly rules speak as of the time that they are applied, not
as of the time that they were drafted; 3) update the assembly rules for changes made
in the statutes, the session schedule, or the joint rules; 4) clarify that bills are
introduced, but other legislation and motions are offered; and 5) make clarifying
changes, which are intended to conform the rules to practice or the constitution, or
to eliminate ambiguity.
Some of these rules are also amended in the manner described below.
Assembly Rules 2 (2), 3 (2), and 4 (1) and (2): These rules are amended to clarify
which absences are the "temporary inability to preside" and which absences are
"when the speaker is separated by death, resignation, or removal from office," and
establishes the succession when each type of absence occurs.
Assembly Rules 5 (1) (bm), 6 (1) (c), and 26 (6) (b) 4.: These rules transfer the
duty to supervise the provision of calendars to the members from the sergeant at
arms to the chief clerk. The duty to supervise the provision of other legislative
documents to members remains with the sergeant at arms.
Assembly Rules 5 (3) and 6 (2): These rules are amended to clarify which
absences are the "temporary inability to perform the duties of chief clerk or sergeant
at arms" and which absences are "when the chief clerk or sergeant at arms is
separated by death, resignation, or removal from office," and establishes the
succession when each type of absence occurs.
Assembly Rule 6 (1) (k): This rule is amended to direct the sergeant at arms to
ensure that the Wisconsin flag is displayed in the room in which an assembly
committee is meeting.
Assembly Rule 11 (4): This rule is amended to clarify that the committee on
assembly organization and the joint legislative council may use paper ballots to vote,
rather than requiring the members to vote in the presence of each other.
Assembly Rule 11 (7): This rule is amended to clarify that only in cases of
temporary absences of the committee chairperson and vice chairperson do the other
members succeed to the chair in the order in which named to the committee.
Assembly Rules 13 (1) (c), 15 (2) and (3), 33 (4), 62 (7), 73 (3) (b), 93 (6), and 95
(90): These rules are amended to clarify what type of majority is required.
Assembly Rule 24 (3) (a): This rule is amended to required the assembly to
comply with statutory provisions regarding survey committees and the joint
committee on finance even if the senate did not.
Assembly Rule 25 (intro.), (1) and (3): This rule is amended to authorize the
specified persons to be admitted to the assembly floor during session and
one-quarter hour before and one-quarter hour after any session, instead of during
session and one-half hour before and immediately after any session.
Assembly Rule 26 (6) (a) is amended and Assembly Rule 26 (6) (b) 4. is created
to authorize only members to use devices such as cell phones and beepers in the
parlor and lobbies.
Assembly Rule 29 (3): This rule is amended to provide that a calendar, except
a calendar for a Saturday, Sunday, or state holiday specified in section 230.35 (4) (a)
of the statutes, shall be provided to each member at least 12 hours before the
calendar is to be acted upon during the last week of the last general-business
floorperiod preceding the veto review session. The present requirement that a
calendar be provided at least 18 hours before it is to be acted upon remains in effect
at other times.
Assembly Rules 39 (3) and 53: Joint rules 44 (2) (a), 54 (1), (2), and (2m), and
79 (2) are created in the 2001 joint resolution changing the joint rules. The changes
to the joint rules authorize the legislative reference bureau to enter into a written
agreement with a chief clerk to have the chief clerk, when the house is in session,
receive on the floor of the house copies of drafts of proposals and amendments
transmitted electronically by the LRB, and place the proposals in jacket envelopes
and attach jacket cover sheets (stripes) to amendment drafts. The amendments of
these assembly rules conform the assembly rules to those joint rules.
Assembly Rule 39 (4) (c): This rule is amended to require the speaker to refer
a properly jacketed proposal within 14 days, rather than 7 days, after the office of the
chief clerk receives the proposal for introduction.
Assembly Rule 42 (1) (b): This rule is amended to permit the presiding officer
to refer any bill, that requires referral to one or more joint survey committees,
simultaneously to several or all of the joint survey committees and to an assembly
Assembly Rule 42 (1) (c): This rule is amended to permit the presiding officer
to simultaneously refer any bill, not just a budget bill, to joint survey committees and
to the joint committee on finance.
Assembly Rule 42 (3) (c): This rule is amended to permit the speaker to
withdraw any proposal from one committee and rerefer it to another committee if the
committee chairperson consents not only within 5 working days after initial referral,
but at any time before a vote by the committee is commenced on the proposal.
Assembly Rule 42 (1) (ad): This rule is created to provide that all referrals to
committee that are required by statute must be so referred upon first reading.
Assembly Rule 42 (1) (am): This rule is created to permit the speaker to refer
any bill that pertains only incidentally to a matter of concern to a joint survey
committee directly to the committee appropriate to the major substance of the bill,
and to direct the joint survey committee to prepare its report on the bill when the bill
is in the other committee.
Assembly Rule 52 (4): This rule is created to prohibit the offering of an
amendment to a report of a committee of conference.
Assembly Rule 80 (4): This rule is amended to prohibit the division of a report
of a committee of conference.
Assembly Rule 95 (50m): This rule is created to define "offer," so as to
distinguish it from introduction.
Assembly Rule 95 (57m): This rule is created to define "presiding officer," so as
to distinguish the term from speaker and speaker pro tempore.
Assembly Rule 98: This rule is created to address fund-raising social events in
Dane County during floorperiods and special and extraordinary sessions.
1Resolved by the assembly, That:
AR3, s. 1
rule 1 is amended to read:
1. Assembly officers.
As early as possible in each legislative 4
biennium, the assembly shall elect from among its members, by roll call vote of a 5
majority of those present, a speaker of the assembly,
and a speaker pro tempore, and 6
from outside its membership a chief clerk and a sergeant at arms.
Such Those 7
officers shall serve for the legislative biennium unless separated by death, 8
or removal by a majority of the current membership of the assembly. A 9
midterm vacancy in any such office of those offices
shall be filled by an election 10
scheduled by the speaker as a special order of business.
AR3, s. 2
rule 2 (1) to (3) is amended to read:
The majority and minority parties in the assembly shall 13
elect the officers shown in sub. (2), and may select any other officers desired. Party 14
officers shall hold office for the legislative biennium unless separated by death, 15
or removal from office by a majority of the current membership of the 16
appropriate party caucus. They shall perform the duties assigned to them by their 17
respective caucuses, by legislative rule,
and by law.
(2) Each party caucus shall elect a floor leader, an assistant floor leader,
a caucus chairperson to be known, respectively, as the majority leader, the assistant 20
majority leader, the majority caucus chairperson, the minority leader, the assistant 21
and the minority caucus chairperson. In the temporary
absence of 22
the majority leader or minority leader, the respective assistant leader shall carry out 23
the duties assigned to that leader until the return of the leader. If the majority leader
1or minority leader is separated by death, resignation, or removal from office, the
2respective assistant leader shall carry out the duties assigned to that leader until a
3leader is elected
(3) On the day a new legislature is convened under section 13.02 (1) of the 5
statutes, the chairperson of each party caucus shall notify the chief clerk of the offices 6
established by his or her party caucus and the incumbents therein, and thereafter 7
shall notify the chief clerk of any change in such
offices or incumbents. Each 8
notification shall be entered in the journal.
AR3, s. 3
rule 3 (1) (a) to (h) are renumbered assembly rule 3m (a) 10
to (h) and assembly rule 3m (c) and (f) , as renumbered, are amended to read:
3m (1) (c) Put to a vote all motions and questions which that 12
properly arise in the course of proceedings and announce the results.
(f) Maintain order, decorum,
and quiet among members and visitors in and 14
about the chamber during sessions and have offending persons removed and the 15
galleries cleared when necessary to do so.
AR3, s. 4
rule 3 (1) (i), (j), (n), (o) and (r) and (2) are amended to 17
(i) Authenticate by personal signature, when required, 19
and proceedings of the assembly.
(j) Appoint members to all legislative committees or other bodies as required 21
by law, legislative rule,
or other directive.
(n) Authorize expenditures to procure appropriate floral pieces or similar 23
memorials for deceased or ill members of the legislature, state officers
or other 24
persons who have been identified with the legislative process.
(o) Issue subpoenas, with the countersignature of the chief clerk, for the 2
attendance of witnesses before any assembly committee, and issue summary process 3
for the arrest of any witness disobeying the mandate of any such the
(r) Refer every notice and report concerning a proposed administrative rule 5
received by him or her under section 227.19 of the statutes to the appropriate 6
standing committee of the assembly within 7 working days following receipt, and 7provide notice to notify
that committee whenever the speaker is informed that a 8
proposed rule or portion thereof is being withdrawn. The speaker shall refer any 9
report received from a standing committee which that
objects to a proposed rule or 10
portion thereof to the joint committee for review of administrative rules.
(2) In the temporary
absence of the speaker, the speaker pro tempore may 12
exercise all of
the powers and shall carry out all
the duties of the speaker until the
13return of the speaker. If the speaker is separated by death, resignation, or removal
14from office, the speaker pro tempore may exercise all of the powers and shall carry
15out all of the duties of the speaker until a speaker is elected