13.29 History
History: 1983 a. 36 s.
96 (2).
13.30
13.30
State officers; removal by legislature. Any appointive state officer after being examined under
ss. 13.28 and
13.29 may be removed by the legislature by joint resolution adopted in each house by a majority of the members elected to such house. The power to remove appointive state officers provided in this section is additional to and shall not be construed as destroying the right of removal by other persons.
13.31
13.31
Witnesses; how subpoenaed. The attendance of witnesses before any committee of the legislature, or of either house thereof, appointed to investigate any subject matter, may be procured by subpoenas signed by the presiding officer and chief clerk of the senate or assembly. Such subpoenas shall state when and where, and before whom, the witness is required to appear, and may require such attendance forthwith or on a future day named and the production of books, records, documents and papers therein to be designated, and may also require any officer of any corporation or limited liability company, or other person having the custody of the keys, books, records, documents or papers of any such business entity, to produce the same before such committee. Such subpoenas may be served by any person and shall be returned to the chief clerk of the house which issued the same as subpoenas from the circuit court are served and returned.
13.31 History
History: 1993 a. 112.
13.32
13.32
Summary process; custody of witness. 13.32(1)
(1) Upon the return of a subpoena issued under
s. 13.31, duly served, and upon filing with the presiding officer of the house from which the subpoena issued a certificate of the chairperson of the committee certifying that any person named therein failed or neglected to appear before the committee in obedience to the mandate of such subpoena, summary process to compel the attendance of such person shall be issued.
13.32(2)
(2) Such summary process shall be signed by the presiding officer and chief clerk of the house which issued the subpoena, and shall be directed to the sergeant at arms thereof commanding the sergeant at arms "in the name of the state of Wisconsin" to take the body of the person so failing to attend, naming that person, and bring the person forthwith before the house whose subpoena the person disobeyed. When so arrested the person shall be taken before the committee desiring to examine the person as a witness, or to obtain from the person books, records, documents or papers for their use as evidence, and when before such committee such person shall testify as to the matters concerning which the person is interrogated.
13.32(3)
(3) When such person is not on examination before such committee the person shall remain in the custody of the sergeant at arms or in the custody of some person specially deputed for that purpose; and the officer having charge of the person shall from time to time take the person before such committee until the chairperson of the committee certifies that the committee does not wish to examine such person further. Thereupon such witness shall be taken before the house which issued the summary process and that house shall order the release of the witness, or may proceed to punish the witness for any contempt of such house in not complying with the requirement of this chapter or of any writ issued or served as herein provided.
13.32 History
History: 1991 a. 316;
1993 a. 184.
13.33
13.33
Service of process. Either house ordering any summary process may also direct the sergeant at arms to specially depute some competent person to execute the same, and such deputation shall be endorsed on such process in writing over the signature of the sergeant at arms to whom the same is directed. The person so deputed shall have the same power as the sergeant at arms in respect thereto, and shall execute the same according to the mandate thereof, and for that purpose the sergeant at arms or the deputy may call to his or her aid the power of the county wherein such writ is to be executed the same as the sheriff of such county could do for the purpose of arresting a person charged with crime under process issued by a court of competent jurisdiction; and any sergeant at arms having any person in custody by virtue of any such summary process may depute any other person to have charge of the person so in custody, and the person so deputed shall have the same power over such person as is conferred upon the sergeant at arms.
13.33 History
History: 1991 a. 316.
13.34
13.34
Refusal to testify. Every refusal to testify or answer any question, or to produce keys, books, records, documents or papers before any committee included within
s. 13.31 shall be forthwith certified to the proper house by the chairperson of such committee. Such certificate shall be transmitted, and the person so refusing taken, by the sergeant at arms or an assistant to the sergeant at arms, before such house to be dealt with according to law.
13.34 History
History: 1991 a. 316;
1993 a. 184.
13.35
13.35
Liability of witness. 13.35(1)
(1) No person who is required to testify before either house of the legislature or a committee thereof, or joint committee of the 2 houses, and is examined and so testifies, shall be held to answer criminally in any court or be subject to any penalty or forfeiture for any fact or act touching which the person is required to testify and as to which the person has been examined and has testified, and no testimony so given nor any paper, document or record produced by any such person before either house of the legislature or any such committee shall be competent testimony or be used in any trial or criminal proceeding against such person in any court, except upon a prosecution for perjury committed in giving such testimony; and no witness shall be allowed to refuse to testify to any fact, or to produce any papers, documents or records touching which the person is examined before either house or any such committee, for the reason that the testimony touching such fact, or the production of such papers, documents or records may tend to disgrace the person or otherwise render the person infamous.
13.35(2)
(2) The immunity provided under
sub. (1) is subject to the restrictions under
s. 972.085.
13.35 History
History: 1989 a. 122,
359.
13.36
13.36
Witness fees. The compensation of all witnesses who are subpoenaed and appear pursuant to
s. 13.31 shall be $2 for each day's attendance and 10 cents per mile, one way, for travel to attend as such witness. The department of administration shall audit the accounts of such witnesses upon the certificate of the chairperson of the committee before which any such witness has attended, stating the number of days' attendance and the distance the witness has traveled, and the accounts so audited shall be paid out of the state treasury and charged to the appropriation for the legislature.
13.36 History
History: 1991 a. 316;
1993 a. 184.
13.40
13.40
Limitation on state appropriations from general purpose revenue. 13.40(1)(ad)
(ad) "Compensation reserves" means the total estimated amount designated as compensation reserves for a given fiscal year as shown in the schedule under
s. 20.005 (1) published in the biennial budget act or the modified total amount of compensation reserves for that fiscal year specified in any other act.
13.40(1)(am)
(am) "Fiscal biennium" means a 2-year period beginning on July 1 of an odd-numbered year.
13.40(1)(c)
(c) "State operations" means all purposes except aids to individuals and organizations and local assistance.
13.40(2)
(2) Except as provided in
sub. (3), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in
sub. (3) (a) to
(i), as determined under
sub. (4), may not exceed the sum of:
13.40(2)(a)
(a) The amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in
sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under
sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.
13.40(2)(b)
(b) The amount determined under
par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.
13.40(3)
(3) The limitation under
sub. (2) does not apply to any of the following:
13.40(3)(a)
(a) An appropriation for principal repayment and interest payments on public debt, as defined in
s. 18.01 (4), or operating notes, as defined in
s. 18.71 (4).
13.40(3)(b)
(b) An appropriation to honor a moral obligation undertaken pursuant to
ss. 16.527 (10),
18.61 (5),
85.25 (5),
101.143 (9m) (i),
229.50 (7),
229.74 (7),
229.830 (7),
234.15 (4),
234.42 (4),
234.54 (4) (b),
234.626 (7),
234.93 (6),
234.932 (6),
234.933 (6), and
281.59 (13m).
13.40(3)(c)
(c) An appropriation to make a payment to the United States that the building commission determines to be payable under
s. 13.488 (1) (m).
13.40(3)(d)
(d) An appropriation contained in a bill that is enacted with approval of at least two-thirds of the members of each house of the legislature.
13.40(3)(e)
(e) An appropriation for legal expenses and the costs of judgments, orders, and settlements of actions and appeals incurred by the state.
13.40(3)(fm)
(fm) An appropriation for the 2005-07 fiscal biennium to make payments to counties, towns, villages, and cities under
s. 79.035.
13.40(3)(g)
(g) An appropriation to make a transfer from the general fund to the budget stabilization fund under
s. 20.875 (1) (a).
13.40(3)(i)
(i) An appropriation to any of the following:
13.40(3)(i)3.
3. The board of regents of the University of Wisconsin System.
13.40(3m)(ae)(ae) In this subsection, an "excluded appropriation" consists of all of the following:
13.40(3m)(ae)1.
1. State operations appropriations for the Board of Regents of the University of Wisconsin System.
13.40(3m)(am)
(am) In addition to the limitation under
sub. (2), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under
s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.
13.40(3m)(bm)
(bm) For purposes of
par. (am), the amount of any sum sufficient appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under
s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under
s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of
par. (am), the amount of any biennial appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under
s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under
s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
13.40(4)
(4) For purposes of
sub. (2), the legislative fiscal bureau shall determine the amount appropriated from general purpose revenue for any fiscal biennium to which
sub. (2) applies. The legislative fiscal bureau shall make this determination no later than December 1 of each even-numbered year.
13.41
13.41
Interim successors for legislators. 13.41(1)(a)(a) If, during an emergency resulting from enemy action, there are 9 or more vacancies in the senate at the same time, as determined under
s. 17.03, the senate leader of each political party, as specified in
pars. (b) and
(c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
13.41 Note
NOTE:
Par. (a) (intro.) is amended by
2009 Wis. Act 363 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action to read as follows. The text in brackets was deleted without being shown as stricken. No change was intended. Corrective legislation is pending.
Effective date text
13.41 Interim successors for legislators. (1) (a) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party[, as specified in pars. (b) and (c),] shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
13.41(1)(a)1.
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the senate district.
13.41(1)(a)2.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under
subd. 1.
13.41(1)(a)3.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under
subd. 2. to the senate leader of the party within 7 days after the date on which the 9th vacancy occurred.
13.41(1)(a)4.
4. Within 14 days after the 9th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under
subd. 3.
13.41(1)(b)
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the majority party under
par. (a):
13.41(1)(c)
(c) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the minority party under
par. (a):
13.41(1)(c)4.
4. The senate caucus vice chairperson of the party.
13.41(1)(c)5.
5. The senate caucus sergeant at arms of the party.
13.41(2)(a)(a) If, during an emergency resulting from enemy action, there are 25 or more vacancies in the assembly at the same time, as determined under
s. 17.03, the assembly leader of each political party, as specified in
pars. (b) and
(c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
13.41 Note
NOTE:
Par. (a) (intro.) is amended by
2009 Wis. Act 363 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action to read as follows. The text in brackets was deleted without being shown as stricken. No change was intended. Corrective legislation is pending.
Effective date text
(2) (a) If there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party[, as specified in pars. (b) and (c),] shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
13.41(2)(a)1.
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the assembly district.
13.41(2)(a)2.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under
subd. 1.
13.41(2)(a)3.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under
subd. 2. to the assembly leader of the party within 7 days after the date on which the 25th vacancy occurred.
13.41(2)(a)4.
4. Within 14 days after the 25th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under
subd. 3.
13.41(2)(b)
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for the majority party under
par. (a):
