(6) Any action that would occur on the 2nd, 3rd, 4th, 5th, 7th, or 8th order of business during a daily session, but that actually occurs after the completion of the applicable order of business on that day, is considered to have occurred on the applicable order of business for the purpose of producing the journal.
18. Daily calendar.
All proposals, appointments, or other business, referred to a committee and reported by it to the senate or withdrawn from it by the senate, all proposals or amendments received from the assembly for senate concurrence, and all reports from conference committees and veto messages received by the senate, shall be placed in the committee on senate organization. Any such business deposited with the chief clerk on a day when the senate does not meet may be placed in the committee on senate organization immediately. The committee on senate organization shall establish a calendar at least 18 hours prior to the commencement of the session to which the calendar applies, but the distributed calendar, as provided under sub. (2)
, may not be changed within such 18-hour period. In establishing a calendar under this subsection, the committee on senate organization shall place a proposal, appointment, or other business on the calendar when directed to do so by a majority vote of the senate.
(1m) Notwithstanding sub. (1)
and rule 41 (1) (c)
, no bill may be placed on a calendar that has not received a public hearing. The committee on senate organization may waive the public hearing requirement under this subsection.
(2) The sergeant at arms shall distribute a copy of the calendar to all members before the calendar is acted upon.
(3) The distributed calendar shall show the business scheduled to be taken up on the current day, organized according to the orders of business established by rule 17 (1)
. For proposals on 2nd reading, the calendar shall show all pending committee reports.
(4) Unless otherwise ordered, after completion of the 9th order of business of the current calendar day, and before consideration of the 10th and succeeding orders, unfinished calendars shall be taken up and completed.
(5) Every proposal ordered engrossed and read a 3rd time, unless otherwise ordered by the senate, shall be taken up under the 13th order of business on the senate's next business day.
19. Committee of the whole.
During the consideration of any proposal or other matter, the senate may, on motion, which motion is debatable, resolve itself into a committee of the whole for the consideration of the proposal or other matter. The rules of the senate govern, as far as practicable, the proceedings in committee of the whole, except that a member may speak more than twice on the same subject; that a call for the ayes and noes or for the previous question cannot be made in the committee; the committee may not recess; and may not postpone to a future time a subject before it for consideration. The committee shall elect one of its members as chairperson of the committee of the whole.
20. Standing committees of senate.
Except as provided in par. (b)
, the members of the committee on senate organization are:
1. The majority leader as chairperson.
2. The president.
3. The assistant majority leader.
4. The minority leader.
5. The assistant minority leader.
(b) If the 2 major political parties are represented in the senate by equal membership, the members of the committee on senate organization are:
1. The president.
2. The former majority and minority leaders and former majority and minority assistant leaders.
3. The former minority caucus chairperson.
(c) The other standing committees of the senate shall be created by the committee on senate organization as near to the commencement of the biennial session as possible.
The chairperson of the committee on senate organization, as near to the commencement of the biennial session as possible, shall make and report to the senate all committee appointments of members of the majority and minority parties. The chairperson of the committee on senate organization shall designate a chairperson for each senate committee and joint committee.
(b) With regard to members of any minority party, the appointments shall be based on nominations by the leader of that party.
(c) The majority and minority parties of the senate shall be represented on all senate standing committees and on all joint standing committees on the basis prescribed by the chairperson of the committee on senate organization, but at least in proportion to the representation of the 2 major political parties in the membership of the senate unless, for the senate membership of a joint committee, such proportional representation places the senate majority party in a minority position on the joint committee.
The members of the senate committee for review of administrative rules are the senate members of the statutory joint committee for review of administrative rules.
(b) When the joint committee for review of administrative rules fails to report a proposal referred to it by the senate, the proposal may be referred to the senate by the senate committee for review of administrative rules.
The members of the senate committee on finance are the senate members of the joint committee on finance.
(b) When the joint committee on finance fails to report a proposal referred to it by the senate, the proposal may be returned to the senate by the senate committee on finance.
(5) Each member shall serve on at least one senate or joint standing committee or joint survey committee.
(6) If senate seats are vacant, assignments to standing committees may be reserved for the senators who are to fill the vacancies, or current members may be designated to fill the vacant assignments temporarily in addition to their regular standing committee assignments until the new senators have been elected and qualified.
(7) If a senate member of a senate committee or a joint committee is unable to serve, the senate majority leader may select a temporary replacement for a member of the majority party who is unable to serve from among those senators of the same party and may select a temporary replacement for a member of the minority party, upon recommendation of the minority leader, who is unable to serve from among those senators of the same party. The replacement takes effect when the member who is a temporary replacement answers the roll call of the senate committee or joint committee and terminates upon the adjournment of the senate committee or joint committee meeting or the return of the member who was unable to serve, whichever occurs first.
20m. Committees of conference.
The president shall appoint the senate members of committees of conference.
21. Special committees.
All special committees shall be created by the committee on senate organization, designating the number and object, and be appointed by the chairperson of the committee on senate organization. The member first named is the chairperson of the special committee.
22. Advice and consent of the senate.
Whenever a nomination for an appointment is submitted to the senate, as required by law, the president shall refer the nomination to the standing committee that the president deems to be the most appropriate committee to pass upon the qualifications of the candidate. The committee shall report its findings and recommendations to the senate in writing. Nominations may be considered, and the persons so nominated may with the advice and consent of the senate be appointed during any session of the senate.
(2) On the question of the confirmation of appointments, the vote shall be taken by ayes and noes, which shall be entered upon the journal. The question of confirmation of the appointments is not subject to a motion for reconsideration under rule 67
. The senate may, but is not required to, act upon an appointment resubmitted to the senate when the identical appointment has once been refused confirmation by the senate. The chief clerk shall record the cumulative status of all appointments in the bulletin of proceedings. The senate shall inform the governor and the assembly of the senate's final action on confirmation of a nomination for appointment that requires assembly confirmation.
23. Committee not to be absent.
Members of a committee, except a conference committee, may not be absent by reason of their appointment during the sitting of the senate, without special leave.
24. Committee quorum; subcommittees.
A majority of any committee constitutes a quorum for the transaction of business. For the purpose of determining a quorum of a committee necessary to transact business, and with the consent of the committee chairperson, a member who is connected to a meeting of the committee via teleconference is considered present. Subcommittees may be appointed to take charge of any part of the committee's business and to report to the committee. Motions to reconsider may be made in committee, before the papers are reported to the senate. Rereference gives the committee full power to act without reconsidering its former action.
25. Business in committees; notice of meeting.
A chairperson who determines to hold a hearing shall schedule the hearing as early in the session as practicable.
(b) Except as provided in par. (d)
, public notice of every meeting of a committee shall be given at least 24 hours before the commencement of the meeting, unless the committee on senate organization determines that for good cause such notice is impossible or impractical. In no case may notice be provided less than 2 hours in advance of a meeting. A public notice may be amended at any time to delay the commencement of the meeting or to delete items from the agenda of the meeting.
(c) The public notice under par. (b)
shall be posted on the bulletin board of each house. The notice shall indicate the day, hour, and place of the meeting and the number, author, and relating clause of each proposal to be considered. If unintroduced legislation will be considered at the meeting, the notice shall indicate the draft number assigned to the legislation by the legislative reference bureau and the relating clause of the legislation, and shall indicate that copies of the draft legislation are available at the chief clerk's office. The chairperson shall provide a copy of the draft legislation to the chief clerk before publishing the notice. The chief clerk shall distribute copies of the draft legislation to any person who requests such copies. Whenever a scheduled meeting is canceled, the chairperson shall immediately notify the chief clerk and post cancellation notices on the bulletin boards of each house.
(d) Paragraph (b)
does not apply to any meeting of the committee on senate organization that is called solely for the purpose of scheduling business before the senate or adopting resolutions of which the sole purpose is scheduling business before the senate or assembly.
(2) Except as provided under rules 41 (1) (e)
and 46 (2) (c)
, a proposal or other matter that has been referred to committee is within the sole jurisdiction of the majority of the committee. A directive with respect to the committee's action thereon, other than a motion to withdraw from the committee, is not in order.
(a) A committee may not conduct an executive session on a proposal, amendment, appointment, or proposed administrative rule by polling unless the chairperson of the committee determines that voting by polling is necessary in an emergency for the preservation of the public peace, health, safety, or welfare. If the chairperson directs that an executive session is to be conducted by polling, the chairperson shall contact each committee member to allow the committee member to vote on all applicable motions.
(am) A committee may not conduct an executive session on a proposal, amendment, appointment, or proposed administrative rule by ballot unless the proposal, amendment, appointment, or proposed administrative rule has lain over for at least 24 hours. The committee on senate organization may determine that for good cause such a layover is impossible or impractical. In no case, however, may a proposal, amendment, appointment, or proposed administrative rule be made available to the public less than 2 hours before a ballot is circulated. The ballots shall be in a form prescribed by the chief clerk.
(b) If a chairperson of a committee elects to vote by ballot under par. (am)
, public notice shall be posted on the bulletin board of each house prior to the circulation of the ballot. The notice shall indicate the day and hour when the ballot will be circulated and the number, author, and relating clause of each proposal to be considered. If unintroduced legislation will be considered, the notice shall indicate the draft number assigned to the legislation by the legislative reference bureau and the relating clause of the legislation, and shall indicate that copies of the draft legislation are available at the chief clerk's office. The chairperson shall provide a copy of the draft legislation to the chief clerk before posting the notice. The chief clerk shall distribute copies of the draft legislation to any person who requests such copies.
26. Schedule of committee activities.
The chairperson of each senate committee shall file with the chief clerk a copy of each notice of a public hearing or executive session before that committee in accordance with rule 25 (1)
. The chairperson shall file the copy of the notice with the chief clerk immediately after posting the notice. All such notices shall be published, on a daily basis, on the legislature's committee Internet Web site.
27. Committee reports.
The chairperson of the committee to which any proposal is referred shall report, in the format specified by the chief clerk, the action of the committee and the date thereof, and shall authenticate the same by personal signature.
(2) Each committee to which a proposed administrative rule is referred under rule 46 (2) (am)
shall submit a report within the review period specified in section 227.19 (4) (b)
of the statutes in the form specified in this rule, authenticated by the personal signature of the chairperson or cochairpersons. Whenever a committee schedules a public hearing or a meeting with an agency representative concerning a proposed rule, or whenever modifications to a proposed rule are agreed to be made or received, the committee shall notify the chief clerk of the date of the event or action and this shall be recorded in the history file for the proposed administrative rule.
(3) Any amendment or substitute amendment submitted to a standing committee for the committee's consideration shall be reported out of committee only if adoption is recommended or if sub. (4)
applies. An amendment or substitute amendment not reported out of committee may, upon motion, be revived by the vote of the majority of the members present while the proposal is still in the amendable stage.
A committee may report out a proposal or appointment without recommendation only if the vote is tied. The committee report shall indicate the numerical vote on the motion on which the recommendation is based.
(b) Notwithstanding par. (a)
, the chief clerk shall record in the journal that a proposal is reported without recommendation whenever the proposal is withdrawn from committee under rule 18
or 41 (1) (d)
(5) Whenever a proposal is reported by or withdrawn from committee, all amendments or substitute amendments to the proposal shall remain in the jacket envelope regardless of the committee's action thereon.
(6) If a committee reports out an amendment or substitute amendment to a proposal that is rereferred to another committee, the succeeding committee's action on the proposal shall supersede the prior committee's action for purposes of consideration of the proposal on the senate floor. This subsection shall not apply to proposals referred to and withdrawn from the joint committee on finance by the committee on senate organization under rule 41 (1) (e)
28. Minority reports.
Any member or members dissenting from a report of a committee may make a separate report stating the reasons and conclusions; and all reports, if decorous in language and respectful to the senate, shall be entered at length on the journal. Any minority report must be filed on the same or the next legislative day as the majority report or recommendation.
PROPOSALS — PROCEDURE
29. Copies of proposals.
The primary author of a proposal to be introduced or offered shall present copies of it to the chief clerk, enclosed in a jacket envelope as provided in rule 30
30. Filing of proposals.
The legislative reference bureau shall provide jacket envelopes of a suitable size to hold a proposal and the papers pertaining thereto, respectively, without folding or rolling. The clerk may not file any paper for any purpose, the cover of which has been either folded or rolled. The jacket envelopes must be distinguishable from those of the assembly by color.
(2) The legislative reference bureau shall enter the relating clause and drafting number of the proposal on the envelope, and the clerk shall enter the proposal number, the date on which it is introduced or offered, the name of the member or committee introducing or offering it, and the name of the committee of reference in the history file for the proposal. Only those documents specified by the chief clerk may be placed in the envelope.
(3) The chief clerk shall also enter in the history file for the proposal:
(a) The date of each public hearing on the proposal.
(b) All motions and the disposition thereof.
(c) The date, and the resolution number, if any, of a request for an opinion of the attorney general on the proposal and the date on which the opinion was returned.
(d) The reproduction of a proposal with all adopted amendments engrossed therein.