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2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2009 SENATE BILL 227
March 3, 2010 - Offered by Representatives Ballweg and Schneider.
SB227-AA1,1,4
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Section 2m. 13.41 of the statutes is created to read:
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513.41 Interim successors for legislators. (1) (a) If, during an emergency
6resulting from enemy action, there are 9 or more vacancies in the senate at the same
7time, as determined under s. 17.03, the senate leader of each political party, as
8specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by
9a member of his or her party, do all of the following:
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1. Request that the state chairperson of the party solicit nominations for an
11interim successor from the county chairpersons of the party in each county that is
12at least partially within the senate district.
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12. Request that the state chairperson of the party select at least 3 and not more
2than 5 potential interim successors from the nominees under subd. 1.
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3. Request that the state chairperson of the party submit the names of the
4potential interim successors selected under subd. 2. to the senate leader of the party
5within 7 days after the date on which the 9th vacancy occurred.
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4. Within 14 days after the 9th vacancy occurred, appoint an interim successor
7from the list of potential interim successors submitted under subd. 3.
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(b) The person holding the highest position, ranked in the following order, that
9is not vacant, is the senate leader for the majority party under par. (a):
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1. The senate majority leader.
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2. The president of the senate.
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3. The president pro tempore of the senate.
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4. The assistant senate majority leader.
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5. The senate majority caucus chairperson.
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6. The senate majority caucus vice chairperson.
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7. The senate majority caucus sergeant at arms.
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(c) The person holding the highest position, ranked in the following order, that
18is not vacant, is the senate leader for the minority party under par. (a):
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1. The senate leader of the party.
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2. The senate assistant leader of the party.
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3. The senate caucus chairperson of the party.
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4. The senate caucus vice chairperson of the party.
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5. The senate caucus sergeant at arms of the party.
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24(2) (a) If, during an emergency resulting from enemy action, there are 25 or
25more vacancies in the assembly at the same time, as determined under s. 17.03, the
1assembly leader of each political party, as specified in pars. (b) and (c), shall, for each
2vacant assembly seat that was last held by a member of his or her party, do all of the
3following:
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1. Request that the state chairperson of the party solicit nominations for an
5interim successor from the county chairpersons of the party in each county that is
6at least partially within the assembly district.
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2. Request that the state chairperson of the party select at least 3 and not more
8than 5 potential interim successors from the nominees under subd. 1.
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3. Request that the state chairperson of the party submit the names of the
10potential interim successors selected under subd. 2. to the assembly leader of the
11party within 7 days after the date on which the 25th vacancy occurred.
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4. Within 14 days after the 25th vacancy occurred, appoint an interim successor
13from the list of potential interim successors submitted under subd. 3.
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(b) The person holding the highest position, ranked in the following order, that
15is not vacant, is the assembly leader for the majority party under par. (a):
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1. The speaker of the assembly.
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2. The assembly majority leader.
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3. The speaker pro tempore of the assembly.
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4. The assistant assembly majority leader.
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5. The assembly majority caucus chairperson.
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6. The assembly majority caucus vice chairperson.
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7. The assembly majority caucus secretary.
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8. The assembly majority caucus sergeant at arms.
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(c) The person holding the highest position, ranked in the following order, that
25is not vacant, is the assembly leader for a minority party under par. (a):
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11. The assembly leader of the party.
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2. The assembly assistant leader of the party.
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3. The assembly caucus chairperson of the party.
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4. The assembly caucus vice chairperson of the party.
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5. The assembly caucus secretary of the party.
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6. The assembly caucus sergeant at arms of the party.
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7(3) The senate and assembly political party leaders may not appoint an interim
8successor who is unwilling, unable, or ineligible under the constitution and the
9statutes to serve as a legislator.
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10(4) Interim successors appointed under sub. (1) or (2) shall take the oath of
11office immediately upon appointment, but may not be required, as a prerequisite to
12the exercise of the powers or discharge of the duties of a legislator, to comply with any
13other provision of law relative to taking office.
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14(5) The chief clerk of each house, or if he or she is unavailable, his or her deputy,
15shall notify the secretary of state of all vacancies that are filled by interim successors
16under this section.
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17(6) An interim successor taking office under this section shall exercise the
18powers and discharge the duties of the office until the vacancy is filled under s. 17.19.
19All votes taken by an interim successor shall be as valid as if taken by an elected
20legislator.
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21Section 2r. 13.41 (1) (a) (intro.) and (2) (a) (intro.) of the statutes, as created
22by 2009 Wisconsin Act .... (this act), are amended to read:
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13.41
(1) (a) (intro.) If
, during an emergency resulting from enemy action, there
24are 9 or more vacancies in the senate at the same time, as determined under s. 17.03,
1the senate leader of each political party shall, for each vacant senate seat that was
2last held by a member of his or her party, do all of the following:
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3(2) (a) (intro.) If
, during an emergency resulting from enemy action, there are
425 or more vacancies in the assembly at the same time, as determined under s. 17.03,
5the assembly leader of each political party shall, for each vacant assembly seat that
6was last held by a member of his or her party, do all of the following:".
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Section 8m.
Effective dates. This act takes effect on the day after
9publication, except as follows: