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
1Resolved by the senate, That:
SR3, s. 1
2Section
1. Senate rule 1 (title) and (1) are amended to read:
SR3,4,8
3Senate Rule 1 (title)
President; president pro tempore. (1) The senate
4shall
designate elect, by roll call vote, one of its members to serve as president
for the
5legislative biennium and one to serve as president pro tempore. The president and
6president pro tempore shall serve for the biennial session unless separated by death,
7resignation, or removal by the adoption of a resolution by a majority of the current
8membership.
SR3, s. 2
9Section
2. Senate rule 1m (2) is amended to read:
SR3,5,3
1Senate Rule 1m (2) Every officer of the senate is subordinate to the committee
2on senate organization and, in all that relates to the discharge of that officer's
several 3duties, is under the supervision of the committee on senate organization.
SR3, s. 3
4Section
3. Senate rule 2 is amended to read:
SR3,5,9
5Senate Rule 2.
Substitute president. (1) When the president is absent or
6unable to preside over the senate sitting in session, the president pro tempore may
7preside and assume all of the duties enumerated under rule 4. The substitution
shall 8does not extend beyond adjournment and
shall end ends upon the president's return
9or the election of a new president.
SR3,5,1310
(2) When the president and president pro tempore are absent or unable to
11preside,
the senate shall elect, by roll call vote, one of
the its members
shall be elected 12to temporarily perform all of the duties enumerated under rule 4 until the president
13or president pro tempore returns and is able to preside.
SR3,5,1514
(3) The presiding officer may call any member to the chair, but the substitution
15shall does not extend beyond an adjournment or the return of the president.
SR3, s. 4
16Section
4. Senate rule 3 is amended to read:
SR3,5,24
17Senate Rule 3.
Duties of president pro tempore and majority leader. 18When the president is separated by death, resignation, or removal from office, or is
19otherwise unable to serve, all of the powers and duties of the president not
20enumerated in rule 4
shall devolve upon the president pro tempore until a president
21is elected. When both the president and president pro tempore are separated by
22death, resignation, or removal from office, or are otherwise unable to serve, all of the
23powers and duties of the president not enumerated under rule 4
shall devolve upon
24the majority leader until a president is elected.
SR3, s. 5
25Section
5. Senate rule 3m is amended to read:
SR3,6,2
1Senate Rule 3m.
Voting by presiding officer. A senator may not be excused
2from voting on
any a question by reason of occupying the chair.
SR3, s. 6
3Section
6. Senate rule 4 (intro.) and (1) to (8) are renumbered senate rule 4
4(1) (intro.) and (a) to (h), and senate rule 4 (title) and (1) (intro.), (a) and (g), as
5renumbered, are amended to read.
SR3,6,7
6Senate Rule 4 (title)
Duties of president
and presiding officer. (1) (intro.)
7The
president presiding officer shall:
SR3,6,98
(a) Open the
daily session, at the time to which adjournment is taken, by taking
9the chair and calling the members to order.
SR3,6,1110
(g) Inform the senate when necessary, or when referred to for that purpose, on
11any point of order or
practice procedure.
SR3, s. 7
12Section
7. Senate rule 4 (10) is renumbered senate rule 4 (2) and amended to
13read:
SR3,6,21
14Senate Rule 4 (2)
Refer The president shall refer every notice and report
15concerning a proposed administrative rule received by
him or her the presiding
16officer under section 227.19 of the statutes to the appropriate standing committee of
17the senate within 7 working days following receipt, and provide notice to that
18committee whenever the president is informed that a proposed rule is being
19withdrawn. The president shall refer any report received from a standing committee
20that objects to a proposed rule to the joint committee for review of administrative
21rules.
SR3, s. 8
22Section
8. Senate rule 5 (1), (2) (c), (3) and (4) are amended to read:
SR3,7,4
23Senate Rule 5
(1) The At the commencement of each biennial session, the
24senate shall elect, by roll call vote, a chief clerk of the senate
shall be elected at the
25commencement of each regular session, to. The chief clerk shall hold office for the
1full 2-year term of the legislature and until a successor is elected and qualified on
2the day of convening of the next legislature as established under section 13.02 (1) of
3the statutes unless
removed separated by death, resignation, or
the vote of removal
4by the vote of a majority of the actual present membership of the senate.
SR3,7,85
(2) (c) Prepare and transmit for reproduction its daily journal after the
close 6adjournment of each daily session, and, if so directed by the president or chairperson
7of the committee on senate organization, on any day on which the senate does not
8meet.
SR3,7,159
(3) The chief clerk
shall be is responsible for all official acts of the employees
10assigned to that office, and may designate one of those employees as assistant chief
11clerk, who
shall have has general supervision under the direction of the chief clerk
12and in the
temporary absence of the chief clerk
shall have has all of the powers and
13duties of the chief clerk.
If the chief clerk is separated by death, resignation, or
14removal from office, the assistant chief clerk may exercise all of the powers and shall
15carry out all of the duties of the chief clerk until a chief clerk is elected.
SR3,7,2016
(4) On the day of convening of the next legislature as established under section
1713.02 (1) of the statutes, when the president
, president pro tempore, majority leader, 18and assistant majority leader are absent or unable to preside over the senate sitting
19in session and the senate does not elect a substitute president under rule 2 (2), the
20chief clerk shall perform all of the duties enumerated under rule 4.
SR3, s. 9
21Section
9. Senate rule 6 (1) and (2) (b) and (f) are amended to read:
SR3,8,3
22Senate Rule 6
(1) The At the commencement of each biennial session, the
23senate shall elect, by roll call vote, a sergeant at arms of the senate
shall be elected
24at the commencement of each regular session, to. The sergeant at arms shall hold
25office for the full 2-year term of the legislature and until a successor is elected and
1qualified on the day of convening of the next legislature as established under section
213.02 (1) of the statutes unless
removed separated by death, resignation, or
the vote
3of removal by the vote of a majority of the actual present membership of the senate.
SR3,8,54
(2) (b) Perform all the duties that may be assigned to the sergeant connected
5with the maintenance of decorum and good order in the chamber
and in the galleries.
SR3,8,86
(f) Ensure that the chamber is properly ventilated and is open for the use of the
7members as directed by the presiding officer or from one hour preceding
any each 8daily session until one hour after that day's adjournment.
SR3, s. 10
9Section
10. Senate rule 7 (1) to (4) are amended to read:
SR3,8,13
10Senate Rule 7
(1) The presiding officer shall preserve order and decorum
,; may
11speak to points of order in preference to others, rising for that purpose; and shall
12decide questions of order, subject to an appeal by a member, on which appeal each
13member may speak once not to exceed 5 minutes.
SR3,8,1814
(2) Whenever a point of order is raised, the presiding officer may rule thereon
15forthwith, or may defer the decision not later than the 5th order of business on the
162nd legislative day
thereafter to provide time for examination of the precedents.
17Questions not ruled on within the required time shall be decided by a majority of the
18senate.
SR3,8,2319
(3) Whenever the presiding officer
finds it necessary to take takes a point of
20order under advisement in order to consult sources of parliamentary law and
21practice procedure, the presiding officer shall submit the decision in writing, stating
22the source consulted and the reasons for the decision. The text of the presiding
23officer's decision shall be
spread recorded in upon the journal.
SR3,9,224
(4) On appeal being taken, the question
shall be
is "Shall the decision of the
25presiding officer stand as the judgment of the senate?", which question, and the
1action thereon, shall be entered on the journal. The vote is taken by ayes and noes.
2A tie vote sustains the ruling of the presiding officer.
SR3, s. 11
3Section
11. Senate rule 8 (title), (1) (4), and (5) are amended to read:
SR3,9,6
4Senate Rule 8 (title)
Conduct during floor while sitting in session. (1) 5Members, officers, and employees shall wear appropriate attire while the senate is
6sitting in session. Appropriate attire for men includes the wearing of a coat.
SR3,9,87
(4) A member or other person may not, within the bar of the senate, read
8newspapers or consume food, beverages, or
any tobacco products.
SR3,9,109
(5) A member or other person may not smoke within the
bar of the senate, the
10staff and press lobbies, and the visitors' galleries chamber.
SR3, s. 12
11Section
12. Senate rule 11 (2), (3) and (5) are amended to read:
SR3,9,17
12Senate Rule 11 (2) Persons of the following classes, and no others, shall be
13admitted to that portion of the floor of the senate designated as the staff lobby
during 14while the
senate is sitting in session
thereof: state officers, employees of either house
15of the legislature, of legislative committees, and of legislative service agencies while
16engaged in the performance of their duties, members of congress, justices of the
17supreme court, and former members of the legislature.
SR3,9,2018
(3) However, none of those persons in subs. (1) and (2) who are registered as
19lobbyists or engaged in defeating or promoting any pending legislation have the
20privilege of the
area floor of the senate.
SR3,9,2421
(5) All accredited correspondents of the news media, who confine themselves
22to their professional duties, have the privilege of the floor of the senate, except that
23during the sessions of the senate while the senate is sitting in session the privilege
24extends only to the press lobby.
SR3, s. 13
25Section
13. Senate rule 12 is amended to read:
SR3,10,4
1Senate Rule 12.
Privileges of senate to contestants for seats. Contestants
2for seats have the privilege of the senate until their respective cases are disposed of
;
3the. The privilege
to extend extends only so far as access to the chamber, during the
4time occupied in settling the contest.
SR3, s. 14
5Section
14. Senate rule 13 is amended to read:
SR3,10,9
6Senate Rule 13.
Disturbance in lobby. Whenever any disturbance or
7disorderly conduct occurs on the senate floor or in the lobby or gallery, the presiding
8officer may
cause order the same
to be cleared of all persons except members and
9officers.
SR3, s. 15
10Section
15. Senate rule 16 is amended to read:
SR3,10,14
11Senate Rule 16.
Leave of absence. Members of the senate
shall may not be
12absent from the
daily session during the entire day without first obtaining a leave
13of absence.
Such The leave may be granted
at any time by a majority vote of the
14senate
at any time.
SR3, s. 16
15Section
16. Senate rule 17 (1) (intro.), (b) and (c) are amended to read:
SR3,10,17
16Senate Rule 17 (1) (intro.) Following any opening prayer and the pledge of
17allegiance, the order of business in the senate
shall be is as follows:
SR3,10,1918
(b) Second order.
Introduction and reference of resolutions and joint
19resolutions Chief clerk's entries.
SR3,10,2020
(c) Third order. Introduction, first reading, and reference of
bills proposals.
SR3, s. 17
21Section
17. Senate rule 18 (1) is amended to read:
SR3,11,12
22Senate Rule 18.
(1) All proposals, appointments, or other business, referred
23to a committee and reported by it to the senate or withdrawn from it by the senate,
24all proposals or amendments received from the assembly for senate concurrence, and
25all reports from conference committees and veto messages received by the senate,
1shall be placed in the committee on senate organization. Any such business
2deposited with the chief clerk on a day when the senate does not meet may be placed
3in the committee on senate organization immediately, but shall be formally received
4by the senate on its next meeting day. The committee on senate organization shall
5establish a calendar, grouping together proposals, appointments, or other business
6according to similar subjects and in an appropriate order, and in such numbers as
7to constitute a workable and up-to-date calendar schedule. The committee on
8senate organization shall place a proposal, appointment, or other business on the
9calendar when directed to do so by a majority vote of the senate.
The chairperson of
10the committee on senate organization may place a proposal, appointment, or other
11business that is in the committee on senate organization on a calendar that has been
12established by the committee.
SR3, s. 18
13Section
18. Senate rule 20 (1) (c), (2) (a) and (7) are amended to read:
SR3,11,16
14Senate Rule 20 (1) (c) The other standing committees of the senate shall be
15created by the committee on senate organization as near to the commencement of the
16biennial session as possible.
SR3,11,2117
(2)
(a) The chairperson of the committee on senate organization, as near to the
18commencement of the
biennial session as possible, shall make and report to the
19senate all committee appointments of members of the majority and minority parties.
20The chairperson of the committee on senate organization shall designate a
21chairperson for each senate committee and joint committee.
SR3,11,2522
(7) Whenever
any a member of the committee on senate organization is
23disabled and unable to serve, the senate may select a temporary replacement from
24among those senators of the same party affiliation. The replacement terminates
25upon the return of the disabled member.
SR3, s. 19
1Section
19. Senate rule 20m is amended to read:
SR3,12,4
2Senate Rule 20m.
Committees of conference. The
chairperson of the
3committee on senate organization president shall appoint the senate members of
4committees of conference.
SR3, s. 20
5Section
20. Senate rule 21 is amended to read:
SR3,12,9
6Senate Rule 21.
Special committees. All special committees shall be created
7by the committee on senate organization, designating the number and object, and be
8appointed by the chairperson of the committee on senate organization. The member
9first named
shall act as is the chairperson of the special committee.
SR3, s. 21
10Section
21. Senate rule 22 (2) is amended to read:
SR3,12,20
11Senate Rule 22 (2) On the question of the confirmation of appointments by the
12governor or the state superintendent of public instruction, the vote shall be taken by
13ayes and noes, which shall be entered upon the journal. The question of confirmation
14of the appointments is not subject to a motion for reconsideration under rule 67. The
15senate may, but is not required to, act upon an appointment resubmitted by the
16governor or the state superintendent of public instruction when the identical
17appointment has once been refused confirmation by the senate. The chief clerk shall
18record the cumulative status of all appointments in the bulletin of proceedings.
The
19senate shall inform the governor and the assembly of the senate's final action on
20confirmation of a nomination for appointment that requires assembly confirmation.
SR3, s. 22
21Section
22. Senate rule 27 (1), (3) and (4) are amended to read: