68. Questions to be decided without debate and not placed on table.
A motion to adjourn, to adjourn to a fixed time, to take a recess, to lay on the table, to take from the table, to place a call, to raise a call, to grant a leave, to suspend the rules, or to reconsider a nondebatable question or a call for the current or previous question, are decided without debate and may not be placed on the table. All incidental questions of order arising after a motion is made for any of the questions named in this rule, and pending the motion, is decided, whether on appeal or otherwise, without debate.
69. Privileged motion or resolution.
Except as provided in rule 90
, a motion or resolution relating to the organization or proceedings of the senate, or to any of its officers, members, or committees, is privileged in that it need not lie over for consideration, but may be taken up immediately unless referred to the calendar or committee.
Any such resolution shall be read at length unless copies of the full text of the resolution have been distributed to the members.
70. Division of question.
A member may call for the division of a question, which shall be divided if it consists of propositions in substance so distinct that, one being taken away, a substantive proposition remains for the decision of the senate. A motion to delete and substitute is indivisible, but a motion to delete being lost does not preclude an amendment or a motion to delete and substitute. Division of action directly upon the substance of a proposal, as to pass, advance to a 3rd reading, indefinitely postpone, or any equivalent, which division may be accomplished by an amendment, are not permitted under this rule.
(2) A bill vetoed in its entirety by the governor may not be divided. When a bill has been vetoed in part and the senate considers a specific item for passage notwithstanding the objections of the governor, any member may request that the item be divided. The item may be divided on request by a member if:
(a) The request proposes to so divide the item that each separate proposition, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original item.
(b) It is the opinion of the presiding officer that the item involves distinct and independent propositions capable of division and that the division will not be unduly complex.
(3) When a bill has been vetoed in part the committee on senate organization may, by a resolution offered under rule 17 (2)
, propose to schedule a specific part as a special order. When appropriate, the resolution may divide the part into one or more independent propositions and dependent propositions. The proposed division must include at least one separate proposition that, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original part. The presiding officer shall first put the question on the independent proposition. The question on any proposition dependent thereon may be put only if the independent proposition has been passed notwithstanding the objections of the governor.
71. Putting question.
All questions may be put in this form: “Those who are of the opinion that the bill pass, be concurred in, etc., (as the case may be) say, `Aye'. Those of contrary opinion say, `No';" or other appropriate words may be used.
72. Ayes and noes.
The ayes and noes may be ordered by the presiding officer for any vote and shall be ordered when demanded by one-sixth of the members present. The chief clerk shall record the votes taken by ayes and noes, report the result, and enter the report in the journal together with the names of those absent or not voting.
(2) Members shall remain in their seats and may not be disturbed by any other person while the ayes and noes are being called.
(3) A request for a roll call is not in order after the result of the vote has been announced.
73. Every member to vote.
All members present when a question is put shall vote as their names are called. For a special cause the senate may excuse a member from voting, but it is not in order for a member to be excused after the senate has commenced voting.
(2) When the vote is by ayes and noes, a member entering the chamber after the question is put and before it is decided may have the question stated and vote, with the vote being counted in the outcome.
73m. Missed roll calls.
A member who does not vote during a roll call on a proposal may request unanimous consent to have his or her vote included in that roll after the roll is closed, if all of the following apply:
(a) The request does not interrupt another roll call.
(b) The request is made no later than the start of the 2nd succeeding roll call.
(c) The member's vote, if included, will not change the result of the roll call.
(2) If sub. (1)
precludes a member from making a request or if the request is objected to, the member may request unanimous consent to have the journal reflect how the member would have voted had he or she been in his or her seat when the roll call was taken. A member may not interrupt a roll call to make a request under this subsection.
74. Explanation of vote not allowed.
Explanation by a member of his or her vote, at the time of the calling of the member's name, is not allowed.
75. Recording position of absent member.
Any member absent from all or part of a day's session by leave of the senate under rule 16
or pursuant to rule 13
may, within one week after returning, instruct the chief clerk in writing to have the journal show that had the member been present when a certain vote was taken the member would on that issue have voted aye or have voted no. If the member returns before the vote is taken, the statement of position is void and the member shall cast his or her vote as required under rule 73
76. Scheduling time limits for debate.
Time limits and schedules for debate may be designated in the manner described in sub. (2)
. The time limits may be rejected or modified by majority vote of the members present, but this question is not debatable. The schedules and time limits shall be announced by the presiding officer immediately upon being presented. Promptly at the expiration of the time allotted, the presiding officer shall put the question.
(2) Time limits and schedules for debate may be designated under sub. (1)
by any of the following means:
(a) By the committee on senate organization.
(b) Jointly by the majority leader and the minority leader, if the committee on senate organization does not object.
(c) By the presiding officer, if the majority leader and the minority leader do not object.
77. Voting immediately; time limit on debate.
When any matter is under consideration any member may move that the senate vote immediately on the current question. The motion is not debatable and if carried by a majority the subsidiary question then pending before the senate shall be put to a vote without debate.
If a motion is made under this subsection the question is: “Shall the senate vote immediately on the current question?" If the motion carries, the effect is to end the debate on the current question then before the senate and bring the senate to a vote on the current question. A motion to table is not in order after a motion under this subsection has been made. A motion that carries under this subsection does not prevent the offering of amendments or substitute amendments to the main question after the vote is taken on the current question.
(2) A motion to establish the amount of time to be given a particular matter may be made in the same manner as provided in sub. (1)
, except that this motion is subject to amendment, which also is decided without debate.
(3) When a matter is under consideration a member may move that the senate vote immediately on the main question. The motion is not debatable and if carried by a majority the main question then pending before the senate shall be put to a vote without debate. If a motion is made under this subsection the question is: “Shall the senate vote immediately on the main question?" If the motion carries, the effect is to end the debate on the question then before the senate and bring the senate to a vote on the main question. Amendments or substitute amendments may be offered, but not debated, and shall be considered immediately. A motion to table the proposal to which the main question relates is not in order after a motion under this subsection has been made.
79. But one motion to reconsider in order; main question may remain before the senate.
After a motion under rule 77 (1)
has carried, only one motion to reconsider is in order. If the motion to reconsider carries, the main question shall remain as the question before the senate, in the same stage of proceedings as before the motion under rule 77 (1)
80. But one call of the senate in order.
After a motion to vote immediately on the main question has carried but before the vote is taken, one call of the senate is in order; but after proceedings under the call have been once dispensed with, or after a majority lifts the call, a call is not in order before the vote on the main question.
CALL OF THE SENATE
81. Call of the senate.
Five senators may make a call of the senate and thereby require absent members to be sent for, but a call of the senate cannot be made after the voting has commenced.
(2) A call of the senate may be ordered on any motion or question before the senate, including a motion to adjourn, but a call of the senate on a motion to adjourn is not in order once the senate is under call on any other question.
82. Putting question.
On a call of the senate being moved, the presiding officer shall say: “It requiring 5 senators to make a call of the senate, those in favor of the call shall rise." And, if a sufficient number rise, the call shall be thereby ordered without debate.
(2) When a motion for a call of the senate fails of the support of the necessary 5 members, and announcement of that fact is made, a 2nd motion for a call on the same question is not in order unless other business intervenes.
83. Doors to be closed.
A call of the senate being ordered, the sergeant at arms shall close the doors, and members may not leave the chamber, but the public may come and go under such regulations as the sergeant at arms finds necessary.
84. Sergeant to bring in absentees.
The chief clerk shall immediately call the roll of the members, and note the absentees, whose names shall be read, and, if directed by the presiding officer, entered upon the journal in such manner as to show who are absent with leave and who are absent without leave. The chief clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall forthwith proceed to find and bring in such absentees. In exercising his or her responsibilities under this rule, the sergeant at arms may request the assistance of any law enforcement officer in this state.
85. Transacting business while under call.
While the senate is under call, business may not be transacted with reference to the current question on which the call is made except to receive and act upon the report of the sergeant at arms, to act on a motion to raise one or more calls, to adjourn, or to adjourn to a time certain. If the presiding officer determines during a call that all members who were absent without leave are present, the presiding officer may transact business on the current question on which the call is made without lifting the call. A roll call on a call of the senate must be completed before the senate may take up a special order fixed for that time. A joint resolution to dispose of all matters before the senate and to recess includes matters under call.
(2) Concurrent calls.
While the senate is under call, a concurrent call may be ordered on any other business before the senate except on a motion for a leave of absence for a member or a motion to dispense with further proceedings under a call.
(3) Other business.
Other business may be conducted by those present as if there were no call.
(4) Successive calls on same question; intervening business.
Successive calls on the same question are in order if any other action on pending business has intervened between calls of the senate.
(5) Raising call.
A motion to raise one or more calls takes precedence over every other motion, except a motion to adjourn. The affirmative vote of a majority of those present is required for adoption. Upon adoption of a motion to raise one or more calls, business shall be taken up at the point at which it was interrupted by the call, except that motions to recess or adjourn take precedence over the question on which the call was raised, and subsequent calls on motions unrelated to progress of a proposal are in order. The motion to raise a call is not amendable.
(6) Effect of adjournment upon call of senate.
A majority of those present may adjourn, but upon reconvening, the senate is not under call, but the call of the senate may again be ordered in the same manner as provided in this rule.
(7) Granting leave under call.
Absent members may be granted leave during a call of the senate by majority vote of members present. Leave cannot be canceled after a call of the senate has been ordered. Prior leave expires when the senator returns although it is before the time limit set.
86. Sergeant at arms may report.
The sergeant at arms may make a report of the proceedings under the call at any time. The motion to accept the report is determined by ayes and noes. The call may not be raised unless a majority of those present vote in favor of the motion. If the report is not accepted, the sergeant at arms shall proceed to a completion of the duties under rule 84
87. Call raised when absentees present and business disposed of.
The call ends when the sergeant at arms reports that all who were absent without leave are present and the business, pending when the call was made, is disposed of.
88. Employment and supervision of senate employees.
The committee on senate organization has general supervision and direction over all employees of the senate and may supervise or assign supervision over employees as it considers proper to the chief clerk, to the sergeant at arms, or to members.
(2) On recommendation of the respective appointing officers, the committee on senate organization shall allocate the number of employees of the senate within the limits established by the staffing pattern then in force and the duties and responsibilities assigned to each employee. The chief clerk shall assign each position to the proper pay range.
(3) Employees may not be allowed compensation except for such time as they are in attendance, except when absent with leave granted by their superior officers. Employees are not exempt from this provision on any day of the week. All employees shall perform such duties in connection with the work of the senate as are assigned to them by their superior officers, and shall be available at such hours as their superior officers direct.
89. Certification of payroll.
The chief clerk shall certify to the department of administration the names of all persons employed in the senate and the amounts respectively due them.
90. Creating, amending, or repealing rules.
Senate rules may be created, amended, or repealed by resolution adopted by a vote of a majority of the senate membership presently serving. The vote is taken by ayes and noes. The resolution shall set forth the precise detail of the proposed creation, amendment, or repeal. After the senate rules have been established at the commencement of the biennial session, any resolution to change the senate rules must lay over one week.