SR2: Resolution Text

LRB-1209/3

RAC:jld&kjf:pg

2007 - 2008 LEGISLATURE

2007 Senate RESOLUTION 2

January 5, 2007 - Introduced by Committee on Senate Organization. Referred to Committee on Senate Organization.

SR2,1,7 To amend senate rule 5 (2) (a), senate rule 11 (title), senate rule 13, senate rule 14, senate rule 17 (1) (c), senate rule 17 (1) (j), senate rule 18 (1), senate rule 20 (7), senate rule 34 (1), senate rule 41 (1) (a), senate rule 41 (1) (c) and senate rule 46 (2) (c); to repeal and recreate senate rule 36 (1m); and to create senate rule 8 (5), senate rule 11 (8), senate rule 11 (9), senate rule 17 (6), senate rule 18 (1m), senate rule 25 (4), senate rule 27 (6) and senate rule 96 (1m); relating to: the senate rules.

Analysis by the Legislative Reference Bureau

This resolution makes the following changes to the senate rules, in addition to other technical changes:

Conduct in the senate chamber

Prohibits members and other persons while in the senate chamber, and members specifically during debate, from displaying a chart, sign, or other visual aid or promoting a private business by prominently displaying a branded product or logo.

Access to senate floor

Provides that a person who provides technical services under a license agreement to broadcast senate proceedings may be invited on the floor of the senate by the presiding officer to perform those services. The resolution also provides that a person who delivers the opening prayer may be admitted by the presiding officer to the floor of the senate, but only for the purpose of delivering the opening prayer.

Senate meetings

Allows the Committee on Senate Organization to prescribe the time the senate will meet. Currently, the senate must meet at 10 a.m. on Tuesday and Thursday unless a different day or hour is prescribed by a resolution or motion adopted by majority vote.

Orders of business

Provides that reference of appointments is to occur on third order of business during a floor session day. In addition, the resolution provides that consideration of motions, resolutions, and joint resolutions not requiring a third reading is to occur on tenth order of business during a floor session day.

Consideration of actions during floor session days

Provides that any action that would occur on the second, third, fourth, fifth, seventh, or eighth order of business during a daily session, but that actually occurs after the completion of the applicable order of business on that day, is considered to have occurred on the applicable order of business for the purpose of producing the senate journal.

Establishment of senate calendar

Specifies that any motion to withdraw a matter from the Committee on Senate Organization, if approved, places the matter on the next succeeding calendar established by the Committee on Senate Organization.

Disturbances in senate by members

Eliminates a provision that whenever any substantial disturbance is caused by or substantial disorderly conduct is engaged in by a member on the senate floor or in the lobby or gallery while the senate is sitting in session, the president may order the sergeant at arms to escort the member out of the senate chamber and prevent the member's return to the senate chamber for the remainder of the session day.

Temporary replacements on senate committee and joint committees

Provides that, if a senate member of a senate committee or a joint committee is unable to serve, the senate majority leader may select a temporary replacement for a member of the majority party who is unable to serve from among those senators 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 senators of the same party. The resolution further provides that the replacement takes effect when the member who is a temporary replacement answers the roll call of the senate committee or joint committee and terminates upon the adjournment of the senate committee or joint committee meeting or the return of the member who was unable to serve, whichever occurs first.

Balloting and polling in committee executive sessions

Provides that a committee may not conduct an executive session on a proposal, amendment, appointment, or proposed administrative rule by ballot or polling unless the chairperson of the committee determines that voting by ballot or polling is necessary in an emergency for the preservation of the public peace, health, safety, or welfare. Before circulating a ballot or conducting a poll, however, the chairperson must post a notice on the bulletin board of each house describing the business to be conducted by ballot or polling.

Committee action on amendments and substitute amendments

Provides that, if a committee reports out an amendment or substitute amendment to a proposal that is rereferred to another committee, the succeeding committee's action on the proposal shall supersede the prior committee's action for purposes of consideration of the proposal on the senate floor.

First reading of certain proposals

Provides that whenever a senate proposal is introduced or offered and referred or an assembly proposal is received and referred, the referral by the president constitutes the proposal's first reading.

Withdrawal motions

Provides that a motion to withdraw from committee may not take effect during the seven days preceding any scheduled committee meeting or the seven days following the date on which a committee meeting is held. Currently, a motion to withdraw from committee may not take effect during the seven days preceding any scheduled committee hearing or the seven days following the date on which a committee hearing is held.

Request for fiscal estimate

Provides that the chairperson of any committee may request from the Legislative Fiscal Bureau an original fiscal estimate on a bill if the chairperson believes that a fiscal estimate on the bill will not be completed by the state agency assigned to prepare the fiscal estimate before the deadline specified in the joint rules. Currently, only the Committee on Senate Organization may make such a request.

Layover of proposals before consideration

Provides that all bills and joint resolutions, and all resolutions except those privileged for immediate consideration, after introduction, must lay over for at least 24 hours before being considered. Currently, the proposals must lay over one day.

Rereferral of proposals

Provides that the president may, with the consent of the chairperson of the standing committee and the chairperson of the committee on senate organization, withdraw a proposal or appointment from the standing committee to which it is referred and rerefer it to another standing committee. Currently, the president must only receive the permission of the chairperson of the standing committee.

Requirement for public hearing on bills for senate consideration

Provides that no bill may be placed on the calendar that has not received a public hearing, but allows the committee on senate organization to waive the public hearing requirement.

SR2,3,1 Resolved by the senate, That:

SR2, s. 1 Section 1. Senate rule 5 (2) (a) is amended to read:

SR2,4,3 Senate Rule 5 (2) (a) Superintend the recording of the journals of the proceedings and determine the placement and order of the proceedings in the journals.

SR2, s. 2 Section 2. Senate rule 8 (5) is created to read:

SR2,4,7 Senate Rule 8 (5) A member or other person may not, within the senate chamber, display a chart, sign, or other visual aid or promote a private business by prominently displaying a branded product or logo.

SR2, s. 3 Section 3. Senate rule 11 (title) is amended to read:

SR2,4,10 Senate Rule 11 (title) Who may be admitted to the floor; recording proceedings; listing of visitors.

SR2, s. 4 Section 4. Senate rule 11 (8) is created to read:

SR2,4,14 Senate Rule 11 (8) A person who provides technical services under a license agreement to broadcast senate proceedings may be invited on the floor of the senate by the presiding officer to perform those services.

SR2, s. 5 Section 5. Senate rule 11 (9) is created to read:

SR2,4,18 Senate Rule 11 (9) A person who delivers the opening prayer may be admitted by the presiding officer to the floor of the senate, but only for the purpose of delivering the opening prayer.

SR2, s. 6 Section 6. Senate rule 13 is amended to read:

SR2,5,2 Senate Rule 13. Disturbances. Whenever any disturbance or disorderly conduct occurs on the senate floor or in the lobby or gallery, the presiding officer may order the same cleared of all persons except members and officers. Whenever any substantial disturbance is caused by or substantial disorderly conduct is engaged in by a member on the senate floor or in the lobby or gallery while the senate is sitting in session, the president may order the sergeant at arms to escort the member out of the senate chamber and prevent the member's return to the senate chamber for the remainder of the session day.

SR2, s. 7 Section 7. Senate rule 14 is amended to read:

SR2,5,6 Senate Rule 14. Hour for meeting. The senate shall meet at 10 a.m. on Tuesday and Thursday unless a different day or hour is prescribed by the committee on senate organization or by a resolution or motion adopted by majority vote.

SR2, s. 8 Section 8. Senate rule 17 (1) (c) is amended to read:

SR2,5,9 Senate Rule 17 (1) (c) Third order. Introduction, first reading, and reference of proposals; reference of appointments.

SR2, s. 9 Section 9. Senate rule 17 (1) (j) is amended to read:

SR2,5,12 Senate Rule 17 (1) (j) Tenth order. Consideration of motions and, resolutions , and joint resolutions not requiring a 3rd reading.

SR2, s. 10 Section 10. Senate rule 17 (6) is created to read:

SR2,5,17 Senate Rule 17 (6) Any action that would occur on the 2nd, 3rd, 4th, 5th, 7th, or 8th order of business during a daily session, but that actually occurs after the completion of the applicable order of business on that day, is considered to have occurred on the applicable order of business for the purpose of producing the journal.

SR2, s. 11 Section 11. Senate rule 18 (1) is amended to read:

SR2,6,6 Senate Rule 18 (1) All proposals, appointments, or other business, referred to a committee and reported by it to the senate or withdrawn from it by the senate, all proposals or amendments received from the assembly for senate concurrence, and all reports from conference committees and veto messages received by the senate, shall be placed in the committee on senate organization. Any such business deposited with the chief clerk on a day when the senate does not meet may be placed in the committee on senate organization immediately. The committee on senate organization shall establish a calendar at least 18 hours prior to the commence commencement of the session to which the calendar applies, but the distributed calendar, as provided under sub. (2), may not be changed within such 18-hour period. The In establishing a calendar under this subsection, the committee on senate organization shall place a proposal, appointment, or other business on the calendar when directed to do so by a majority vote of the senate.

SR2, s. 12 Section 12. Senate rule 18 (1m) is created to read:

SR2,6,11 Senate Rule 18 (1m) Notwithstanding sub. (1) and rule 41 (1) (c), no bill may be placed on a calendar that has not received a public hearing. The committee on senate organization may waive the public hearing requirement under this subsection.

SR2, s. 13 Section 13. Senate rule 20 (7) is amended to read:

SR2,6,22 Senate Rule 20 (7) If a senate member of the a senate committee on senate organization or a joint committee is unable to serve, the senate majority leader may select a temporary replacement for a member of the majority party who is unable to serve from among those senators 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 senators of the same party. The replacement takes effect when the member who is a temporary replacement answers the roll call of the senate committee or joint committee and terminates upon the adjournment of the senate committee or joint committee meeting or the return of the member who was unable to serve, whichever occurs first.

SR2, s. 14 Section 14. Senate rule 25 (4) is created to read:

SR2,7,6 Senate Rule 25 (4) (a) A committee may not conduct an executive session on a proposal, amendment, appointment, or proposed administrative rule by ballot or polling unless the chairperson of the committee determines that voting by ballot or polling is necessary in an emergency for the preservation of the public peace, health, safety, or welfare. If the chairperson directs that an executive session is to be conducted by ballot or polling, the chairperson shall circulate ballots to, or contact, each committee member to allow the committee member to vote on all applicable motions. The ballots shall be in a form prescribed by the chief clerk.

SR2,7,8 (b) If a chairperson of a committee elects to vote by ballot or polling, the chairperson shall adhere to the public notice requirement under sub. (1) (c).

SR2, s. 15 Section 15. Senate rule 27 (6) is created to read:

SR2,7,13 Senate Rule 27 (6) If a committee reports out an amendment or substitute amendment to a proposal that is rereferred to another committee, the succeeding committee's action on the proposal shall supersede the prior committee's action for purposes of consideration of the proposal on the senate floor.

SR2, s. 16 Section 16. Senate rule 34 (1) is amended to read: