(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.
(e) Any clerical correction of the proposal made as authorized by rule 31
(f) Any other appropriate information, as determined by the chief clerk.
31. Clerical corrections to proposals.
The chief clerk shall correct minor clerical errors in any proposal, such as errors in orthography or grammar, or the use of one word for another, such as "affect" for "effect," wrong numbering or references, whether the errors occur in the original proposal or in any amendment thereto.
(2) The chief clerk shall insert the enacting or usual enabling clause in any proposal before its passage or adoption if the same has been omitted. When necessary, the chief clerk shall correct the title of any bill so that the title shows the sections affected, the subject to which the bill relates, and the making of an appropriation, if such is made by the bill.
(3) The chief clerk shall enter any corrections made by the clerk under this rule in the journal.
(4) The current edition of Webster's New International Dictionary is the standard.
32. Reference to proposals and other matters.
When first considered and thereafter each time that a proposal is considered after business relating to another subject has intervened, it shall be identified in the journal by number and relating clause. Thereafter all reference to the proposal or petition either in the journal or in messages must be by number only, except in the journal where the ayes and noes are entered.
33. Introduction or offering of new proposals; admissibility of identical proposals; admissibility of resolutions in special session.
A member may introduce or offer new proposals in accordance with rule 46 (1)
. Before a member introduces or offers a new proposal to the senate, the legislative reference bureau shall prepare the proposal in the proper form, and with the requisite number of copies for introduction or offering. A proposal may not be received if it contains handwritten changes in the copies prepared by the legislative reference bureau.
(2) A proposal identical with one already rejected may not be introduced or offered. However, an assembly bill or joint resolution that is identical to a senate bill or joint resolution previously rejected by the senate or any bill repealing a former act of the same biennial session may be introduced or offered.
34. Proposals to be on file one day before action.
All bills and joint resolutions, and all resolutions except those privileged for immediate consideration under rule 69
, after introduction, must lay over at least 24 hours before being considered.
(2) The requirement for a one-day layover does not apply to amendments, but copies of the full text of each amendment shall be distributed to the members before adoption of the amendment.
35. Three separate readings.
Every bill, and every joint resolution proposing an amendment to the constitution, must receive 3 separate readings by relating clause prior to its passage except where otherwise provided, but may not receive 2 readings on the same day.
36. First reading; reference to committee.
On the first reading, every bill requiring 3 readings under rule 35
and all resolutions not privileged by rule 69
shall be referred to the appropriate committee. The president shall determine the appropriate committee under rule 46
and the referral shall be printed in the journal under the proper order of business. This rule applies to proposals originating in either house.
(a) Whenever a senate proposal or petition is introduced or offered and referred or an assembly proposal is received and referred, the referral by the president constitutes the proposal's first reading.
(b) Whenever a senate proposal or petition is introduced or offered and referred or an assembly proposal is received and referred on a day on which the senate does not meet, the chief clerk's act of recording the proposal in the journal constitutes the proposal's first reading.
Except as provided in pars. (c)
, all bills introduced in the senate which by statute require reference in the senate to a particular committee shall be so referred upon first reading and all assembly bills when received from the assembly shall be so referred upon first reading except where the assembly record on the bill discloses that the statutory requirement has been satisfied by reference to the committee in the assembly.
(b) Only one such reference is required under this rule and the adoption of an amendment does not require rereference, but rereference may be ordered by the senate at any time before passage or concurrence or as provided under rules 41 (1) (e)
and 46 (2) (c)
(c) Notwithstanding par. (a)
, the president may refer a 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 that bill, and in that case shall direct the appropriate joint survey committee to prepare its report on the bill while that bill is in the possession of the other committee. This rule does not suspend the requirement that the report of the appropriate joint survey committee must be received before the bill is given its 2nd reading.
(2m) Bills referred to a statutory joint survey committee shall, upon report by that committee, be referred by the president to the appropriate standing committee of the senate.
(3) Whenever a proposal or other matter is referred to a special committee and the special committee makes its report thereon, the referral and report have the same effect as a reference to and a report by a standing committee.
37. Second reading; ordering to a 3rd reading.
Before a bill, or a joint resolution proposing an amendment to the constitution, is amended or ordered to a 3rd reading it shall be read a 2nd time by relating clause.
(2) All amendments to a proposal shall be retained in the original jacket for the proposal.
(3) Amendments to a substitute amendment already adopted are in order before the bill or resolution is ordered engrossed and read a 3rd time without reconsideration of the adoption of the substitute amendment.
(4) Any proposal ordered to a 3rd reading is considered engrossed.
38. Third reading; question.
Upon the 3rd reading of the bill the question is: "This bill having been read 3 separate times, the question is, "Shall the bill pass' or "Shall the bill be concurred in'," as the case may be, or other appropriate language may be used. A proposal on the calendar for 3rd reading is not subject to amendment but it may, on motion or by unanimous consent, be referred back to 2nd reading for the consideration of proposed amendments. The motion requires a majority vote and is debatable.
(2) The position of a proposal on the calendar for 3rd reading is subject to removal from that position if the removal is necessitated by a motion for reconsideration that is pending or decided under rule 67
, but if the motion is negatively decided before the proposal is reached for consideration under that order, the position of the proposal under the order remains unchanged.
(3) A 3rd reading shall be by relating clause.
39. Minimum special quorum.
On the question on proposals ready for a 3rd reading in cases where a minimum special quorum is required by constitution, statutes, rules, or otherwise, and when there are permanent vacancies in the senate, the membership presently serving is the basis for determining such minimum special quorum.
40. Proposal amended on 3rd reading to be reengrossed.
If a senate proposal ordered engrossed and read a 3rd time is amended or otherwise changed it shall be considered reengrossed before the 3rd reading. Any senate proposal that passed the senate with amendments shall be engrossed under the supervision of the chief clerk before being messaged to the assembly. However, if the amendment is an unamended substitute amendment, the original substitute amendment is the bill.
41. Rereference in order; withdrawing from committee.
A proposal or other matter may be rereferred at any time prior to its passage, except that a motion to withdraw from committee may not take effect during the 7 days preceding any scheduled committee meeting or the 7 days following the date on which a committee meeting is held.
(b) A motion to withdraw and rerefer or to withdraw is in order, except that if the senate has once refused to withdraw and rerefer or to withdraw a proposal or other matter from committee, any subsequent motion to withdraw and rerefer or to withdraw requires a suspension of the rules.
(c) A motion to withdraw a matter from the committee on senate organization, if approved, places the matter on the next succeeding calendar established by the committee on senate organization under rule 18 (1)
. A motion to withdraw a matter from any other committee, if approved, places the matter in the committee on senate organization unless the senate rerefers the matter to a different committee.
(d) Whenever a bill is introduced in the senate or assembly under section 227.19 (5) (e)
or 227.26 (2) (f)
of the statutes, the bill is considered reported without recommendation and shall be placed before the committee on senate organization if a report is not received from the standing committee within 30 days after the date of referral. This paragraph does not apply if the bill is introduced within 30 days after the time at which further proposals may not be introduced or offered in the biennial session under joint rule 83 (2)
(e) If the committee on senate organization receives a standing committee's report on a proposal that by statute requires review by the joint committee on finance before being passed, the committee on senate organization may rerefer that proposal to the joint committee on finance. The chief clerk shall promptly record the rereferral in the journal. The committee on senate organization may, with the consent of the senate cochairperson of the joint committee on finance, withdraw a proposal from the joint committee on finance and make the proposal available for scheduling. Withdrawal under this rule satisfies section 13.093 (1)
of the statutes.
(2) Reference to committee is not in order after a proposal is passed or indefinitely postponed or finally disposed of by any action equivalent thereto. Questions of reconsideration, concurrence in amendments of the assembly, conference committee reports, or executive vetoes may be placed on the table, but may not be referred to committee.
(3) The legislative council is not a legislative committee within the meaning of this rule and reference of proposals thereto for recommendation as in the case of standing or special committees is not in order.
42. Messaging to the assembly; proposals held during reconsideration period.