SR3: Resolution Text

LRB-1538/1

RJM/JK/PJD:kmg:rs

2003 - 2004 LEGISLATURE

2003 Senate RESOLUTION 3

February 18, 2003 - Introduced by Committee on Senate Organization. Referred to Committee on Senate Organization.

SR3,2,14 To repeal senate rule 50 (5) and senate rule 50 (9) to (11); to renumber senate rule 33 (3); to renumber and amend senate rule 4 (intro.) and (1) to (8), senate rule 4 (10), senate rule 46 (1), senate rule 50 (1), senate rule 50 (6), senate rule 50 (7), senate rule 50 (8), senate rule 76, senate rule 98 (intro.), senate rule 98 (1) and senate rule 99 (17); to amend senate rule 1 (title) and (1), senate rule 1m (2), senate rule 2, senate rule 3, senate rule 3m, senate rule 5 (1), (2) (c), (3) and (4), senate rule 6 (1) and (2) (b) and (f), senate rule 7 (1) to (4), senate rule 8 (title), (1) (4), and (5), senate rule 11 (2), (3) and (5), senate rule 12, senate rule 13, senate rule 16, senate rule 17 (1) (intro.), (b) and (c), senate rule 18 (1), senate rule 20 (1) (c), (2) (a) and (7), senate rule 20m, senate rule 21, senate rule 22 (2), senate rule 27 (1), (3) and (4), senate rule 28, senate rule 29, senate rule 30 (title), (1) and (3) (a), senate rule 31 (title), (1) and (2), senate rule 32, senate rule 33, senate rule 34 (1) and (4), senate rule 35, senate rule 36 (1), (1m) and (2), senate rule 37 (2) and (3), senate rule 38, senate rule 40, senate rule 41 (1) (a) to (d) and (2), senate rule 42, senate rule 45, senate rule 46 (2), senate rule 46 (5), senate rule 47 (3) and (4), senate rule 48, senate rule 49, senate rule 50 (title), senate rule 50 (2) to (4), senate rule 51, senate rule 52, senate rule 55, senate rule 58, senate rule 59, senate rule 60, senate rule 62, senate rule 63 (2), senate rule 64, senate rule 65, senate rule 67 (1), (3), (6), (7) and (8), senate rule 68, senate rule 69, senate rule 70, senate rule 72 (2) and (3), senate rule 73 (1), senate rule 74, senate rule 77 (3), senate rule 78 (1) and (3), senate rule 80, senate rule 82, senate rule 85 (5), senate rule 86, senate rule 87, senate rule 88 (1) and (3), senate rule 90, senate rule 92, senate rule 93 (intro.), (1) and (6), senate rule 94 (1), senate rule 96 (1) and (3), senate rule 97, senate rule 98 (3) and (4) (intro.) and senate rule 99 (3) to (8), (16), (17), (20), (27) to (28), (33), (35), (36), (39), (40), (44), (48), (50), (50m), (52) to (54), (57m), (59), (62), (63), (66), (70) to (73) and (79); and to create senate rule 46 (1) (b), senate rule 46 (2) (d), senate rule 50 (1), senate rule 76 (2) and senate rule 99 (57p); relating to: the senate rules.

Analysis by the Legislative Reference Bureau

This resolution makes the following changes to the senate rules:

Election and term of senate officers

This resolution provides that the senate shall elect, by roll call vote, rather than designate, one of its members to serve as president and elect, by roll call vote, one to serve as president pro tempore. The resolution also provides that the president, president pro tempore, chief clerk, and sergeant at arms shall serve for the biennial session unless separated by death, resignation, or removal by the adoption of a resolution by a majority of the current membership.

Standardized terminology

The resolution standardizes the use of "session" to specify when it means daily session, when it means biennial session, and when it means that a house is sitting in session. The resolution also standardizes the use of "day" to specify when it means roll call day, when it means legislative day, when it means business day, when it means working day, and when it means day.

Appointment of conference committee

The resolution authorizes the president, rather than the chairperson of the committee on senate organization, to appoint senate members of a conference committee.

Conference committee reports

The resolution provides that questions of conference committee reports may be placed on the table, but may not be referred to committee.

Tabling of certain motions

The resolution provides that 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, may not be placed on the table.

Special sessions

Under the current rule for special sessions, a senate proposal may not be considered unless it is germane to the subjects enumerated by the governor in the proclamation calling the special session or to the subjects enumerated by the committees on organization or in the joint resolution calling the extended or extraordinary session. This resolution, instead, provides that a senate proposal, or amendment, may not be considered unless it accomplishes the special purposes for which the special session was convened or the business specified in the action authorizing the extended floorperiod or extraordinary session.

Under the current rule for special sessions, a senate proposal may not be considered unless it is recommended to be introduced or offered by the committee on senate organization or by the joint committee on employment relations. This resolution provides that a senate proposal may also be considered if it is recommended by the senate committee on finance, the joint committee on finance, or the joint committee on legislative organization.

Journal of proceedings

The senate chief clerk currently is required to prepare and transmit for reproduction the senate's journal of proceedings after the close of each daily session and, if so directed by the president of the senate or chairperson of the committee on senate organization, on any nonsession day. This resolution requires the chief clerk to record official actions such as introductions and referrals, including those that occur on nonsession days, in the next published journal. The resolution also requires the chief clerk to announce these actions on the next session day under an appropriate order of business.

Currently, the rules require the chief clerk to record amendments at the end of each day's journal. This resolution deletes that requirement and, as a result, provides the chief clerk with discretion to record amendments in the journal in a location designated by the chief clerk.

Time limits for debate

Currently, time limits and schedules for debate may be designated by the committee on senate organization or, if that committee does not object, by agreement of the majority leader and minority leader. This resolution also permits the presiding officer to designate time limits and schedules for debate, if the majority leader or minority leader does not object.

Timeliness of motions to withdraw from committee

Currently, if a committee hearing is scheduled, a motion to withdraw a matter from the committee may not take effect during the week in which the committee hearing is scheduled. This resolution provides, instead, that a motion to withdraw from committee may not take effect during the 7 days preceding any scheduled committee hearing or the 7 days following the date on which a committee hearing is held.

Germaneness

The senate rules currently specify that the following amendments, among others, are not germane: 1) an amendment repealing a section amended by the original proposal or amending a section repealed by the original proposal, except to change the effective date; and 2) an amendment striking out all new material in the original proposal. The senate rules also specify that the following amendments, among others, are germane: 1) an amendment restoring a proposal to its original form or an amendment adding new statutory material on the same subject and with the same purpose to a proposal amending or restoring material stricken by a previous amendment; 2) an amendment relating only to detail; 3) an amendment proposing the use of a different committee to make an investigation, limitations on the effective date, the number of members on a board, or new material added which does not affect the subject or purpose; 4) an amendment to a revision bill; and 5) an amendment to a revisor's revision or correction bill, if the amendment makes corrections and does not add new substantive material. In addition, the senate rules also provide that an amendment to a joint resolution approving an amendment to the federal constitution is not in order. This resolution repeals these provisions.

SR3,4,1 Resolved by the senate, That:

SR3, s. 1 Section 1. Senate rule 1 (title) and (1) are amended to read:

SR3,4,8 Senate Rule 1 (title) President; president pro tempore. (1) The senate shall designate elect, by roll call vote, one of its members to serve as president for the legislative biennium and one to serve as president pro tempore. The president and president pro tempore shall serve for the biennial session unless separated by death, resignation, or removal by the adoption of a resolution by a majority of the current membership.

SR3, s. 2 Section 2. Senate rule 1m (2) is amended to read:

SR3,5,3 Senate Rule 1m (2) Every officer of the senate is subordinate to the committee on senate organization and, in all that relates to the discharge of that officer's several duties, is under the supervision of the committee on senate organization.

SR3, s. 3 Section 3. Senate rule 2 is amended to read:

SR3,5,9 Senate Rule 2. Substitute president. (1) When the president is absent or unable to preside over the senate sitting in session, the president pro tempore may preside and assume all of the duties enumerated under rule 4. The substitution shall does not extend beyond adjournment and shall end ends upon the president's return or the election of a new president.

SR3,5,13 (2) When the president and president pro tempore are absent or unable to preside, the senate shall elect, by roll call vote, one of the its members shall be elected to temporarily perform all of the duties enumerated under rule 4 until the president or president pro tempore returns and is able to preside.

SR3,5,15 (3) The presiding officer may call any member to the chair, but the substitution shall does not extend beyond an adjournment or the return of the president.

SR3, s. 4 Section 4. Senate rule 3 is amended to read:

SR3,5,24 Senate Rule 3. Duties of president pro tempore and majority leader. When the president is separated by death, resignation, or removal from office, or is otherwise unable to serve, all of the powers and duties of the president not enumerated in rule 4 shall devolve upon the president pro tempore until a president is elected. When both the president and president pro tempore are separated by death, resignation, or removal from office, or are otherwise unable to serve, all of the powers and duties of the president not enumerated under rule 4 shall devolve upon the majority leader until a president is elected.

SR3, s. 5 Section 5. Senate rule 3m is amended to read:

SR3,6,2 Senate Rule 3m. Voting by presiding officer. A senator may not be excused from voting on any a question by reason of occupying the chair.

SR3, s. 6 Section 6. Senate rule 4 (intro.) and (1) to (8) are renumbered senate rule 4 (1) (intro.) and (a) to (h), and senate rule 4 (title) and (1) (intro.), (a) and (g), as renumbered, are amended to read.

SR3,6,7 Senate Rule 4 (title) Duties of president and presiding officer. (1) (intro.) The president presiding officer shall:

SR3,6,9 (a) Open the daily session, at the time to which adjournment is taken, by taking the chair and calling the members to order.

SR3,6,11 (g) Inform the senate when necessary, or when referred to for that purpose, on any point of order or practice procedure.

SR3, s. 7 Section 7. Senate rule 4 (10) is renumbered senate rule 4 (2) and amended to read:

SR3,6,21 Senate Rule 4 (2) Refer The president shall refer every notice and report concerning a proposed administrative rule received by him or her the presiding officer under section 227.19 of the statutes to the appropriate standing committee of the senate within 7 working days following receipt, and provide notice to that committee whenever the president is informed that a proposed rule is being withdrawn. The president shall refer any report received from a standing committee that objects to a proposed rule to the joint committee for review of administrative rules.