AR3: Resolution Text

LRB-1086/1

RAC:jld:jf

2013 - 2014 LEGISLATURE

2013 Assembly RESOLUTION 3

January 10, 2013 - Introduced by Representatives Vos, Barca, Suder, Kramer, Steineke, Ballweg, Jorgensen, Pasch and Zamarripa.

AR3,1,8 To repeal assembly rule 17d (2), assembly rule 53 (4), assembly rule 73 (9) and assembly rule 95 (58); to amend assembly rule 3 (1) (r), assembly rule 5 (2), assembly rule 11 (4), assembly rule 11 (5) (a), assembly rule 11 (10), assembly rule 29 (3), assembly rule 61 (5), assembly rule 73 (2) (a), assembly rule 73 (3) (a), assembly rule 73 (4) (c), assembly rule 93 (2), assembly rule 93 (3), assembly rule 95 (38), assembly rule 95 (50), assembly rule 95 (54) and assembly rule 95 (63); and to create assembly rule 5 (4) and assembly rule 9 (2) (cd); relating to: the assembly rules.

Analysis by the Legislative Reference Bureau

This resolution makes the following substantive changes to the assembly rules:

Casting of votes in committee

The resolution provides that votes in committee must be held open after the adjournment of the committee session to permit an absent member to vote until 5:00 p.m. on the day on which the committee session is adjourned or 30 minutes after the adjournment, whichever is earlier. The absent member must cast his or her vote in the committee room where the meeting is held.

Committee notice for meeting on unintroduced proposals

The resolution requires that, if an unintroduced proposal will be considered at a committee meeting, the committee chairperson must provide a copy of the unintroduced proposal with the notice.

Provision of calendar to members

The resolution provides that, except during the final week of the last general-business floorperiod, the calendar must be provided to each member at least 24 hours before the calendar is to be acted upon. The current requirement is 18 hours.

Questions of assembly or personal privilege

Current assembly rules governing floor debate provide that questions of assembly or personal privilege have precedence only insofar as they require immediate consideration. The resolution provides that these questions may not be dilatory.

Power of speaker to make temporary committee appointments

The resolution authorizes the speaker of the assembly to make temporary replacements of members on committees who are unable temporarily to serve on the committee.

Determination of 24-hour notice rule for committee meetings

The resolution eliminates a rule that prohibited the counting of hours between 5:00 p.m. and 8:00 a.m. for purposes of calculating a 24-hour notice provision for committee executive action on introduced proposals.

Posting of notice for committee meetings during special, extraordinary, or extended sessions

The resolution provides that during a special, extraordinary, or extended session a notice of a committee meeting is not required other than posting on the legislative bulletin boards and the legislature's Internet site, and a schedule of committee activities need not be published. The current rule applies this provision only to committee hearings.

Power of assembly chief clerk during skeletal sessions

The resolution permits the assembly chief clerk to perform duties of the presiding officer during skeletal sessions, other than any duty related to the enactment of legislation or the adoption of a resolution.

Proposals that may be considered during special, extraordinary, or extended sessions

The resolution provides that during a special or extraordinary session an assembly proposal may not be considered unless it is recommended to be introduced, offered, or considered by the assembly committees on finance, organization, or rules, or by the joint committees on employment relations, finance, or organization. Currently, the only proposals that may be considered during a special or extraordinary session are those offered or introduced by these committees.

Duties of assembly chief clerk

The resolution permits the assembly chief clerk to delegate specific portions of the work assigned to the chief clerk or to the chief clerk's office to appropriate staff. This provision clarifies current rules which specifically permit the chief clerk to delegate specific portions of the work assigned to the chief clerk's office only to appropriate assistants.

Timing of reconsideration motions on amendments and proposals

The resolution provides that for both amendments and proposals, the time for making reconsideration motions expires on the seventh order of business that next occurs on a roll call day after adoption of the amendment or passage of the proposal. Currently, reconsideration motions for amendments must be made no later than the seventh order of business on the second legislative day after adoption of the amendment, and reconsideration motions for proposals must be made no later than the seventh order of business on the next legislative day after passage of the proposal.

Reconsideration of proposals when amendments are under reconsideration

The resolution provides that if a motion for reconsideration of an amendment prevails, the entire proposal is returned to the amendable stage. Currently, the final decision on the proposal at the end of the second reading stage must also be reconsidered before a reconsideration of an amendment may be taken up.

Referral of notices and reports concerning proposed administrative rules

The resolution requires the referral of every notice and report concerning a proposed administrative rule received by the speaker to the appropriate standing committee of the assembly within ten working days following receipt. Current rules provide that the referral must be within seven working days.

AR3,3,1 Resolved by the assembly, That:

AR3,1 Section 1. Assembly rule 3 (1) (r) is amended to read:

AR3,3,9 Assembly Rule 3 (1) (r) Refer every notice and report concerning a proposed administrative rule received by him or her under section 227.19 of the statutes to the appropriate standing committee of the assembly within 7 10 working days following receipt, and notify that committee whenever the speaker is informed that a proposed rule or portion thereof is being withdrawn. The speaker shall refer any report received from a standing committee that objects to a proposed rule or portion thereof to the joint committee for review of administrative rules.

AR3,2 Section 2. Assembly rule 5 (2) is amended to read:

AR3,4,3 Assembly Rule 5 (2) The chief clerk may delegate specific portions of the work assigned to the chief clerk or to the clerk's office to appropriate assistants staff, but shall supervise and remain responsible for its execution.

AR3,3 Section 3. Assembly rule 5 (4) is created to read:

AR3,4,9 Assembly Rule 5 (4) 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 3m, except that during any session convened under this subsection the chief clerk may not perform any duty related to the enactment of legislation or the adoption of a resolution.

AR3,4 Section 4. Assembly rule 9 (2) (cd) is created to read:

AR3,4,20 Assembly Rule 9 (2) (cd) If an assembly member of an assembly committee or a joint committee is unable to serve, the speaker may select a temporary replacement for a member of the majority party who is unable to serve from among those members of the same party and may select a temporary replacement for a member of the minority party, upon recommendation of the minority leader, who is unable to serve from among those members of the same party. The replacement takes effect when the member who is a temporary replacement answers the roll call of the assembly committee or joint committee and terminates upon the adjournment of the assembly committee or joint committee meeting or the return of the member who was unable to serve, whichever occurs first.

AR3,5 Section 5. Assembly rule 11 (4) is amended to read:

AR3,5,2 Assembly Rule 11 (4) All Except as provided in sub. (5) (a), all committee votes shall be taken in the presence of the committee. A member may not be recorded as voting unless the member is present at the committee session when the vote is taken. This subsection shall not apply to the committee on assembly organization when the committee is voting by ballot.

AR3,6 Section 6. Assembly rule 11 (5) (a) is amended to read:

AR3,5,9 Assembly Rule 11 (5) (a) A vote may shall be held open until after the adjournment of the committee session to permit an absent member to vote. Any such vote may only be recorded if the member votes in the presence of the committee in session until 5:00 p.m. on the day on which the committee session is adjourned or 30 minutes after the adjournment, whichever is earlier. The absent member shall cast his or her vote in the committee room where the meeting is held.

AR3,7 Section 7. Assembly rule 11 (10) is amended to read:

AR3,5,13 Assembly Rule 11 (10) The chairperson shall notify committee members of all committee meetings. If an unintroduced proposal will be considered at the meeting, the chairperson shall provide a copy of the unintroduced proposal with the notice.