AJR15: Joint Resolution Text

LRB-0059/1

PJD:wj:ch

2001 - 2002 LEGISLATURE

2001 Assembly JOINT RESOLUTION 15

January 25, 2001 - Introduced by Representatives Jensen and Freese, cosponsored by Senators Chvala and Risser. Referred to Committee on Rules.

AJR15,2,7 To repeal joint rule 7 (4) (d), joint rule 74 (2) (a) to (f), joint rule 82 (1) (g) and joint rule 83 (4) (b); to renumber and amend joint rule 3 and joint rule 83 (4) (a); to amend joint rule 1, joint rule 2, joint rule 5, joint rule 6, joint rule 7 (intro.), (1), (2) and (4) (intro.) and (a) to (c), joint rule 11 (1) and (2) (a), (c) and (d), joint rule 12 (1) and (2) (g), joint rule 14, joint rule 21, joint rule 22, joint rule 23, joint rule 27, joint rule 31 (1) (a), (c) and (d), (3) and (4), joint rule 32 (title), (1) (intro.), (b), (d) and (g) and (3), joint rule 33, joint rule 34, joint rule 35, joint rule 41 (3) (a) to (g), joint rule 42 (1) (a) and (2) to (4), joint rule 43, joint rule 44 (title) and (2) (a), joint rule 45, joint rule 46, joint rule 47, joint rule 49, joint rule 51 (intro.) and (2), joint rule 52 (intro.), (1) (c) and (d) 4. and (e), (4) (intro.), (5) (intro.), (a) and (b), (6) and (7), joint rule 53 (1) and (2) (f) and (m), joint rule 54, joint rule 55, joint rule 56 (title), (1), (2) and (3) (b), joint rule 57 (2) (intro.) and (b), joint rule 59, joint rule 60 (title) and (1), joint rule 62, joint rule 63, joint rule 64 (1) (intro.), (a) and (b), joint rule 66 (2), joint rule 71, joint rule 72, joint rule 74 (1) and (2) (intro.), joint rule 75 (1) to (3), joint rule 76, joint rule 77 (1), joint rule 78, joint rule 79 (2), (3) and (5), joint rule 81 (1) (a) to (c), (2) (a) and (c), (3) (b) and (4), joint rule 82 (intro.), (1) (c) and (e), (2) and (4), joint rule 83 (1) to (3) and (5), joint rule 84 (1) to (4), joint rule 85, joint rule 86, joint rule 87 (1), (2) and (3) (a) and (c) 1., joint rule chapter 10 (title), joint rule 91, joint rule 92, joint rule 97 and joint rule 98 (2) (a); and to create joint rule 3 (2), joint rule 3 (3), joint rule 10, joint rule 11 (3), joint rule 12 (3), joint rule 50, joint rule 51 (4), joint rule 54 (2m), joint rule 81m and joint rule 99; relating to: the joint rules.

Analysis by the Legislative Reference Bureau

Joint Rules 1, 2, 3 (1) (a) to (d), 5, 6, 7 (intro.), (1), and (2), 11 (2) (a), (c), and (d), 12 (2) (g), 14, 21, 22, 23, 27, 31 (1) (a), (c), and (d), (3), and (4), 32 (title), (1) (intro.), (b), (d), and (g) and (3), 33, 34, 35, 41 (3) (b), 42 (1) (a), (3), and (4), 44 (title) and (2) (a), 46 (2), 47, 49, 51 (intro.), 52 (intro.), (1) (c) and (d) 4., (4) (intro.), (5) (intro.), (a), and (b), (6), and (7), 53 (1) and (2) (f) and (m), 54, 55, 56 (title), (1), (2), and (3) (b), 57 (2) (intro.) and (b), 59, 60 (title) and (1), 62, 63, 64 (1) (intro.), (a) and (b), 66 (2), 71, 72, 74 (1), 75 (1) to (3), 76, 77 (1), 78, 79 (2), (3), and (5), 81 (1) (a) to (c), (2) (a) and (c), (3) (b), and (4), 82 (intro.), (1) (c) and (e), (2), and (4), 83 (1) to (3), (4) (a), and (5), 84 (1) to (4), 85, 86, 87 (1), (2), and (3) (a) and (c) 1., chapter 10 (title), 91, 92, 97 and 98 (2) (a): The rules are amended to: 1) change the spelling of "employe" to "employee," to make the same change as was made in the statutes by 1999 Wisconsin Act 185, section 193; insert the serial comma after the next-to-last word in a series of three 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 joint rules speak as of the time that they are applied, not as of the time that they were drafted; 3) update the joint rules for changes made in the statutes, session schedule, or the assembly or senate 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 eliminate ambiguity.

Some of these rules are also amended in the manner described below.

Joint Rule 3 (1) (intro.): This joint resolution requires that at least one member from each house be a member of the minority party. If one or more members of the minority party voted with the majority, only a member of the minority party who voted with the majority may be a member of the committee of conference.

Joint Rule 3 (1) (a) and (2): This joint resolution requires a committee of conference to meet on the call of either cochairperson.

Joint Rule 3 (3): This joint resolution provides that a report of a committee of conference may not be amended and may not be divided.

Joint Rule 7: The rule is amended to permit certificates under joint rule 7 for the purpose of extending the commendations, condolences, or congratulations of the legislature to a particular group, or organization, not just to a particular person. It is also amended to permit the format of the certificate to be changed by the chief clerks.

Joint Rule 10: The rule is created to state the general rule from the constitution that each house may determine the rules of its own proceedings and punish for contempt and disorderly behavior, as provided under section 8 of article IV of the constitution.

Joint Rule 11 (3): The rule is created to state the exception to the general rule from the constitution requiring a majority to take action, that a majority of those present, even though a smaller number than a majority of the current membership is present, may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide, as provided under section 7 of article IV of the constitution.

Joint Rule 12 (1): The rule is amended to provide an exception to the general rule that all questions are decided by a majority of a quorum. The current rule provides that the exception applies when a higher total vote is required by the constitution. This joint resolution provides that the exception also applies if a different vote is required by the constitution, by law, or by legislative rule.

Joint Rule 12 (3): The rule is created to state the exception to the general rule from the constitution requiring a majority to take action, that one-sixth of the members present of either house are necessary to require that the yeas and nays of the members of that house on any question be entered on the journal, as provided under section 20 of article IV of the constitution.

Joint Rules 41 (3) (a) to (g), 42 (2) and (4), 43, 45 (1) and (2), 46, 47, 48, and 50: Under current statutes and joint rules, any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues must, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia.

These rules require that all transmissions of documents in the fiscal estimate process be transmitted electronically, rather than in paper form. A presiding officer, however, may permit a primary author to transmit a request for a supplemental fiscal estimate by other means, and the president of the senate and the speaker of the assembly acting jointly may permit the transmittal in paper form at any time.

These rules require that any legislative fiscal bureau memorandum on a bill referred to the joint committee on a finance, other than a budget bill, that the committee orders to be inserted in the bill jacket envelope, be transmitted electronically to all legislators.

These rules also eliminate the requirement that fiscal estimates be signed by a responsible official of the agency preparing the fiscal estimate.

Joint Rules 44 (2) (a), 54 (1), (2), and (2m), and 79 (2): The changes 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. To use the procedure, a member must request the electronic transmittal and waive confidentiality of the draft.

Joint Rule 51 (2) and (4): The parallel statute to joint rule 51, relating to drafting privileges at the legislative reference bureau, was changed in the 1997 session to remove drafting privileges from those agencies of Wisconsin state government that are not created in certain chapters of the statutes. This rule is changed to conform to that change in the statutes.

Joint Rule 52 (1) (e): This joint rule provides that the executive budget bill does not have a long, detailed relating clause. This provision is changed to also apply to other lengthy bills that encompass multiple subjects and that are to be introduced at the request of the governor or the committee on organization of either house.

Joint Rule 81m: The rule is created to require the session schedule to provide for a limited-business floorperiod after the last general-business floorperiod scheduled by the session schedule for the spring of the even-numbered year and before the veto review session in that year. The limited-business floorperiod is limited to action on revisor's correction or revisor's revision bills; reconciliation bills introduced by the organization committee of either house that resolve conflicts between mutually inconsistent acts of the legislative session and proposals recalled for further legislative action under joint rule 60 (2); bills introduced by the joint committee on employment relations for the ratification of state employee collective bargaining contracts; and matters the purposes of which are allowed under joint rule 7.

Joint Rule 83 (4) (b): The rule is repealed to delete the requirement that any bill or joint resolution not yet agreed to by both houses at the conclusion of the last general-business floorperiod is not adversely disposed of if the bill or joint resolution has been passed by one house and concurred in, as amended, by the other house, and that those proposals are considered at the veto review session.

Joint Rule 99: The rule creates definitions for the joint rules based on the definitions from Assembly Rule 95, modified to work with both houses.

AJR15,4,1 Resolved by the assembly, the senate concurring, That:

AJR15, s. 1 Section 1. Joint rule 1 is amended to read:

AJR15,5,3 Joint Rule 1. Joint convention. Whenever there shall be is a joint convention of the 2 houses, the president of the senate shall preside over such the joint convention, if present, and the speaker of the assembly shall preside if the president is not present, and the chief clerk of the assembly shall act as clerk thereof, assisted by the chief clerk of the senate.

AJR15, s. 2 Section 2. Joint rule 2 is amended to read:

AJR15,5,11 Joint Rule 2. Receding from position on amendment. Whenever an amendment has been nonconcurred in by the other house, any member may move to recede from such the amendment. If the motion prevails such the amendment shall thereby be reconsidered and rejected and the bill or amendment to which said the amendment had been adopted by the house shall thereby be passed or concurred in, as the case may be, so that no further action shall be is not required thereon in either house.

AJR15, s. 3 Section 3. Joint rule 3 is renumbered joint rule 3 (1) and amended to read:

AJR15,5,20 Joint Rule 3 (1) In all cases of disagreement between the senate and assembly on amendments, adopted by either house to a bill or joint resolution passed by the other house, a committee of conference consisting of 3 members from each house may be requested by either house, and the other house shall appoint a similar committee. At least one member from each house shall be a member of the minority party. If one or more members of the minority party voted with the majority, only a member of the minority party who voted with the majority may be a member of the committee of conference.

AJR15,6,7 (a) The usual manner of procedure is as follows: If a bill of one house has been amended and passed by the other house, and has been returned to the house of origin and that the house of origin has refused to concur in an amendment, such the house of origin may appoint a committee of conference and notify the other house, which shall appoint a committee of conference unless it votes to recede from its amendment. Such committees shall be appointed by the presiding officer, but senate committees shall be confirmed as are standing committees as provided in the rules of each house. The joint committee shall, at a convenient hour agreed upon, meet and state to each other, verbally orally or in writing, the reasons of their respective houses for or against the disagreement, and confer thereon, and shall report to their respective houses any agreement they arrive at by the vote of at least 2 a majority of the members of the committee representing each house.

AJR15,6,12 (b) When the committee of conference committee has reached agreement the report shall be first presented, if a senate bill or joint resolution, to the assembly and, if an assembly bill or joint resolution, to the senate. The vote by each house to adopt approve the conference report constitutes final action on the proposal and may not be reconsidered.

AJR15,6,16 (c) Approval of the conference report by a roll call vote in each house sufficient to constitute final passage of the proposal shall be final passage of the bill or final adoption and concurrence in the joint resolution in the form and with the changes proposed by the report.

AJR15,6,20 (d) If the committee of conference committee is unable to agree, another committee of conference committee consisting of new members may be appointed as provided in the rules of each house and may proceed to further consideration of the proposal or of amendments thereto.

AJR15, s. 4 Section 4. Joint rule 3 (2) is created to read:

AJR15,6,23 Joint Rule 3 (2) A committee of conference shall meet on the call of either cochairperson.

AJR15, s. 5 Section 5. Joint rule 3 (3) is created to read:

AJR15,7,2 Joint Rule 3 (3) A report of a committee of conference may not be amended and may not be divided.

AJR15, s. 6 Section 6. Joint rule 5 is amended to read:

AJR15,7,10 Joint Rule 5. Bill recalled from governor. Any bill may be recalled by joint resolution from the governor for further consideration and shall, after having been actually returned to the house where it originated, be deemed to be before said the house for its action thereon and. The bill may be reconsidered or otherwise acted upon without any reconsideration or other action thereon being first had in the other house. Any action taken shall then be messaged to the other house for its concurrence.

AJR15, s. 7 Section 7. Joint rule 6 is amended to read:

AJR15,7,14 Joint Rule 6. Measure Proposal recalled from other house. The recall of a measure proposal from outside the jurisdiction of the house requires the adoption of and concurrence in a joint resolution recalling the proposal.

AJR15, s. 8 Section 8. Joint rule 7 (intro.), (1), (2) and (4) (intro.) and (a) to (c) are amended to read:

AJR15,7,21 Joint Rule 7. Citations by the legislature. (intro.) For the purpose of extending the commendations, condolences, or congratulations of the legislature to a particular person, group, or organization, or to recognize a particular event or occasion, there may be issued a "citation by the legislature.". The approval of such the citations shall in each house be governed by the rules of that house.

AJR15,8,3 (1) Citations may be used in place of resolutions for commendations, congratulations, or condolences to past or present state officials or other public figures, groups, or organizations, or to give recognition to an important event or occasion. Citations may not be used for procedural matters nor or in place of resolutions memorializing the U.S. congress Congress, but only if appropriate to express the feeling of one house or of both houses of the legislature with reference to a person or to an event or occasion.