(3) The chief clerk is responsible for all official acts of the employees assigned to that office, and may designate one of those employees as assistant chief clerk, who has general supervision under the direction of the chief clerk and in the temporary absence of the chief clerk has all of the powers and duties of the chief clerk. The assistant chief clerk shall take the oath of office as provided under joint rule 81 (1) (a)
. If the chief clerk is separated by death, resignation, or removal from office, the assistant chief clerk may exercise all of the powers and shall carry out all of the duties of the chief clerk until a chief clerk is elected.
When the president, president pro tempore, majority leader, and assistant majority leader are absent or unable to preside over the senate sitting in session and the senate does not elect a substitute president under rule 2 (2)
, the chief clerk shall perform all of the duties enumerated under rule 4
(b) In order to comply with joint rule 13
and section 10
of article IV
of the constitution, the chief clerk may perform all of the duties enumerated under rule 4
, except that no business may be transacted in any session convened under this paragraph without the consent of the senate majority leader and the senate minority leader.
6. Sergeant at arms.
At the commencement of each biennial session, the senate shall elect, by roll call vote, a sergeant at arms of the senate. The sergeant at arms shall hold office for the full 2-year term of the legislature and until a successor is elected and qualified on the day of convening of the next legislature as established under section 13.02 (1)
of the statutes unless separated by death, resignation, or removal by the vote of a majority of the actual present membership of the senate.
(2) The sergeant at arms shall:
(a) Carry out all orders of the senate or its presiding officer.
(b) Perform all the duties that may be assigned to the sergeant connected with the maintenance of decorum and good order in the chamber.
(c) Supervise the coming and going of all persons to and from the chamber.
(d) Enforce the provisions of rule 11
relating to lobbyists and lobbying.
(e) Provide for the prompt delivery of messages from or within the senate.
(f) Ensure that the chamber is open for the use of the members as directed by the presiding officer or from one hour preceding each daily session until one hour after that day's adjournment.
(g) Perform all other services pertaining to the office of sergeant at arms.
(h) Enforce the provisions of rule 13m
relating to conduct of individuals in the gallery.
(3) The sergeant at arms is under the supervision of the chief clerk and the compensation of the sergeant at arms shall be determined by the chief clerk.
ORDER AND DECORUM
7. Presiding officer to preserve order.
The presiding officer shall preserve order and decorum.
8. Conduct while sitting in session.
Members, officers, and employees shall wear appropriate attire while the senate is sitting in session. Appropriate attire for men includes the wearing of a coat.
(2) While the presiding officer is addressing the senate, or submitting a question, a member may not cross the floor or leave the senate. While a member is speaking, a member may not walk between the speaking member and the presiding officer.
(3) A member or other person may not visit or remain by the clerk's table while the ayes and noes are being called. A member may not leave his or her seat or be disturbed by any other person while the ayes and noes are being called.
(4) A member or other person may not, within the senate chamber, read newspapers, periodicals, magazines, books, or similar materials, unless the publication is relevant to the debate on the senate floor; consume food, beverages, or tobacco products; or take photographs or make any video recording.
(5) A member or other person may not, within the senate chamber, display a chart, sign, or other visual aid or promote a private business by prominently displaying a branded product or logo.
11. Who may be admitted to the floor; recording proceedings; listing of visitors.
Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate where the members sit in session: the governor, the lieutenant governor, members of the legislature, members of the staff of the sergeant at arms, and designated members of the chief clerk's staff.
(2) Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate designated as the staff lobby while the senate is sitting in session: state officers, employees of either house of the legislature, of legislative committees, and of legislative service agencies while engaged in the performance of their duties, members of congress, justices of the supreme court, and former members of the legislature.
(3) However, none of those persons in subs. (1)
who are registered as lobbyists or engaged in defeating or promoting any pending legislation have the privilege of the floor of the senate.
(4) A former senator or other person who is directly or indirectly interested in defeating or promoting any pending legislation, whether registered as a lobbyist or not, does not have the privilege of the floor of the senate at any time.
(5) All accredited correspondents of the news media, who confine themselves to their professional duties, have the privilege of the floor of the senate, except that while the senate is sitting in session the privilege extends only to the press lobby.
(6) Persons who are not specified in subs. (1)
may be invited on the floor of the senate by the committee on senate organization.
(7) No persons other than members of the chief clerk's staff, members of the staff of the sergeant at arms, members of a senator's staff, and accredited correspondents of the news media may engage in any audio or video recording of the proceedings of the senate or any committee without permission of the committee on senate organization.
(8) A person who provides technical services under a license agreement to broadcast senate proceedings may be invited on the floor of the senate by the presiding officer to perform those services.
(9) A person who delivers the opening prayer may be admitted by the presiding officer to the floor of the senate, but only for the purpose of delivering the opening prayer.
(10) Except for a person described in sub. (1)
, no person may be admitted to the senate chamber immediately before convening and immediately after adjourning a floorperiod without the permission of the presiding officer. The presiding officer shall establish the time periods before the convening and after the adjourning of a floorperiod when this subsection shall apply.
12. Privileges of senate to contestants for seats.
Contestants for seats have the privilege of the senate until their respective cases are disposed of. The privilege extends only so far as access to the chamber, during the time occupied in settling the contest.
13. Disturbance in senate chamber.
Whenever any disturbance or disorderly conduct occurs in the senate chamber, the presiding officer may order any part of the senate chamber cleared of all persons except members and officers.
13m. Conduct of individuals in the gallery.
Unless otherwise provided by the presiding officer, individuals in the gallery:
(1) Shall be quiet at all times.
(2) Shall be seated at all times.
(3) May not lean over or put any object over the balcony.
(4) May not display signs or other objects. If an individual brings a sign to the chamber, the sign shall be left in the gallery vestibule.
(5) May not read books or newspapers.
(6) May not consume food or beverages.
(7) May not use tobacco products.
(8) Shall silence and conceal all electronic devices.
(9) May not use a laptop or other computer.
(10) May not photograph any of the proceedings in the chamber.
13n. Imposing penalties on senators who are absent without leave.
A member of the senate who is absent from 2 or more session days without obtaining a leave of absence under rule 16
shall do all of the following:
(a) Forfeit to the senate $100 for each day that the member is absent without leave. Amounts under this paragraph shall be paid exclusively from the member's personal funds.
(b) Reimburse to the senate the actual costs incurred in compelling the attendance of the member. The chief clerk shall calculate the costs and submit the result to the president. Amounts under this paragraph shall be paid exclusively from the member's personal funds.
(a) The penalties and costs under sub. (1)
are imposed by a senate resolution that identifies the member who is absent without leave. A resolution under this paragraph is a privileged resolution and may be offered by any member of the senate at any time during the legislative session in which the absence without leave occurs.
(b) Publication of a senate calendar that includes the resolution serves as notice to the member who is absent without leave that the member is subject to the penalties and costs under sub. (1)
. The president may provide additional notice to the member who is absent without leave by requiring the sergeant at arms to deliver a copy of both the calendar and the resolution to the senate office of the member who is absent without leave.
(c) A member of the senate who is identified in a resolution under this subsection shall be given an opportunity to be heard on the resolution only on the session day on which the resolution is before the senate. If the member is absent on that day, the member waives his or her opportunity to be heard on the resolution.
(3) Collection and compulsion.
(a) If a member who owes the penalties and costs imposed under subs. (1)
has not paid those amounts in full within 30 days after the day on which a resolution under sub. (2)
is adopted, the chief clerk shall withhold any payments due to the member for per diem, travel expenses, or other matters, not including salary, in an amount equal to the unpaid penalties and costs.
(b) When a member of the senate is absent without leave from 2 or more session days, the senate majority leader, with the consent of the committee on senate organization, may do any of the following to compel the absent member to attend:
1. Direct the chief clerk to terminate the direct deposit of the absent member's paycheck and provide the paycheck to the majority leader for the absent member to pick up in person.
2. Direct the chief clerk to cease any and all expense reimbursements for the absent member that are paid out of the member's office expense account until a date specified or the end of the legislative biennium, whichever is earlier.
3. Direct the chief clerk to reduce or zero out the balance of the absent member's office expense account for the remainder of the legislative biennium.
4. Direct the sergeant at arms to revoke the parking privileges allocated to the absent member, and the member's staff, for the remainder of the legislative biennium.
13r. Admittance to senate spaces.
(1) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space may be removed from the senate space and not be allowed admittance to any senate spaces for a period of 24 hours.
(2) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space a 2nd time during a biennial legislative session may be removed from the senate space and not be allowed admittance to any senate spaces until the first roll call day of the next regularly scheduled floorperiod.
(3) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space a 3rd time during a biennial legislative session may be removed from the senate space and not be allowed admittance to any senate spaces for the remainder of the biennial legislative session.
(4) Senate spaces shall specifically include the senate chamber, senate offices, senate hearing rooms, and any other space in the capitol that is traditionally reserved for the conduct of senate business.
(5) This section shall not be construed to prevent any senator from fulfilling his or her constitutional duties in any senate space.
ORDER OF BUSINESS
14. Hour for meeting.
The senate shall meet at 10 a.m. on Tuesday and Thursday unless a different day or hour is prescribed by the committee on senate organization or by a resolution or motion adopted by majority vote
of the members present. This section shall not apply to a senate session that is convened to prevent a violation of section 10
of article IV
of the constitution.
15. Roll call, quorum.
Before proceeding to business, the roll of the members shall be called, and the names of those present and those absent shall be entered on the journal. A member present during any part of a roll call day shall be included in the official attendance roll call for that day. A majority of the membership presently serving must be present to constitute a quorum for the transaction of business; a smaller number, however, can adjourn and may compel the attendance of absent members. When a roll call discloses the lack of a quorum, further business may not be conducted until a quorum is obtained, but the members present may take measures to procure a quorum or may adjourn.
16. Leave of absence.
Members of the senate may not be absent from the daily session during the entire day without first obtaining a leave of absence. The leave may be granted at any time by a majority vote of the senate.
17. Order of business.