RLR&RPN:cjs:jf
2009 - 2010 LEGISLATURE
June 16, 2009 - Introduced by Joint Legislative Council. Referred to Committee
on State Affairs and Homeland Security.
AB317,1,4
1An Act to amend 13.41 (3), (4) and (7), 166.05 (1) (title) and 166.05 (2); and
to
2create 13.41, 13.42, 14.38 (10m) and 166.05 (1m) of the statutes;
relating to:
3interim successors for legislators, meetings of the legislature and legislative
4committees, and temporary seat of government for the legislature.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's special committee on emergency management and continuity of
government. It includes provisions on: (1) emergency interim successors for legislators;
(2) virtual meetings of the legislature; and (3) emergency temporary locations for the
legislature.
Emergency Interim Successors
Current law provides a mechanism for appointment of emergency interim
successors for the governor and a variety of state and local officers. However, current law
does not provide a mechanism for appointment of emergency interim successors for
legislators.
The bill provides that a legislator, as soon as practicable after the legislature
convenes every 2 years, must file with the chief clerk for the legislator's house a list of not
less than 3 nor more than 7 emergency interim successors. The list is not subject to
inspection or copying under the open records law. If, during an emergency resulting from
enemy action, there are more than 9 vacancies in the Senate, or more than 25 vacancies
in the Assembly, interim successors named in the list are to be appointed by the presiding
officer or his or her designee in the house in which the threshold has been met to fill the
vacancies. An interim emergency successor is required to exercise the powers and
discharge the duties of the office until the vacancy is filled through an election or the
emergency has ended. All votes taken by emergency interim successors are as valid as
if taken by a legislator.
Under Article IV, Section 34, of the Wisconsin Constitution, the legislature is
required to provide for continuity of governmental operations in periods of emergency
resulting from enemy action in the form of an attack. The special committee has
recommended a constitutional amendment that requires the legislature to ensure
continuity in other types of emergencies. The bill provides that if such a constitutional
amendment is ratified, the presiding officer shall appoint interim successor whenever the
requisite number of vacancies exists.
Virtual Meetings
The bill would permit each house of the legislature, pursuant to its rules or joint
rules, to issue a notice that the house and its committees are prevented from physically
meeting at the seat of government due to a disaster. If a notice is issued, the house and
any committee of the house may conduct a virtual meeting and transact business using
any means of communication by which all of the following occur: (1) the identity of each
participating member is verified and the actions of each participating member are
authenticated; (2) all participating members are able to simultaneously hear or read the
comments of members recognized to speak; (3) any document that is used by a member
and that is accepted by the presiding officer or chairperson is immediately transmitted
to the other participating members; and (4) the public has the opportunity to monitor the
proceedings, within technological limits. In order for a joint committee of the legislature
to hold a virtual meeting in the manner described above, each house would have to issue
a notice of emergency. Exceptions to public notice of legislative proceedings or meetings
and to public access are provided where the public welfare requires secrecy, as provided
in Article IV, Section 10, of the Wisconsin Constitution.
Under the bill, a virtual meeting held in accordance with these requirements would
be considered to have occurred at the seat of government and all actions taken at a virtual
meeting would have the same legal effect as if the members were physically present at
the seat of government. For purposes of determining the presence of a quorum to conduct
business, any member participating in a virtual meeting would be considered present in
the same manner as if physically present at the seat of government.
The bill provides that in presiding over a virtual meeting of a house of the
legislature, the presiding officer must interpret and apply all rules of proceeding of that
house which presume the physical presence of members in the house's chambers at the
seat of government, in a manner so as to accomplish the same purposes for which the rules
were adopted. Finally, the bill states that the language authorizing virtual meetings does
not limit the authority of either house to use teleconferencing for purposes of holding a
committee meeting at the seat of government.
Emergency Temporary Locations
Under current law, whenever during a state of emergency it becomes imprudent,
inexpedient, or impossible to conduct the affairs of state government at the state capital,
the governor is required to designate an emergency temporary location for the seat of
government and to take such action and issue such orders as are necessary for an orderly
transition of the affairs of state government to that location. While the seat of
government remains at a temporary location, all official acts required by law to be
performed at the seat of government are as valid and binding when performed at the
temporary location as if performed at the normal location.
This bill allows the legislature, by joint rule, to provide a process for designating
an emergency temporary seat of government for the legislature that is different than the
location designated by the governor. Under the bill, whenever, as the result of a disaster
or the imminent threat of a disaster, it becomes imprudent, inexpedient, or impossible to
conduct the business of the legislature at the state capital, the legislature may meet
either at the location designated by the governor or the location designated by the
legislature itself. Information about this location is not subject to inspection or copying
under the open records law.
AB317, s. 1
1Section
1. 13.41 of the statutes is created to read:
AB317,3,6
213.41 Interim successors for legislators. (1) A legislator, as soon as
3practicable after the legislature convenes under s. 13.02 (1), shall file with the chief
4clerk for the legislator's house a list of not fewer than 3 nor more than 7 interim
5successors for the legislator and shall specify their order of succession. The legislator
6may update the list as often as the legislator wishes.
AB317,3,8
7(2) A list created under sub. (1) is not subject to inspection or copying under
8s. 19.35 (1).
AB317,3,15
9(3) If, during an emergency resulting from enemy action, there are more than
109 vacancies in the senate at the same time, as determined under s. 17.03, the
11presiding officer, or his or her designee, shall appoint interim successors to fill the
12vacancies from the list under sub. (1) for the legislators whose seats are vacant, in
13the order of succession specified. The presiding officer may not appoint an interim
14successor who is unwilling, unable, or ineligible under the constitution and statutes
15to serve as a legislator.
AB317,4,3
16(4) If, during an emergency resulting from enemy action, there are more than
1725 vacancies in the assembly at the same time, as determined under s. 17.03, the
18presiding officer, or his or her designee, shall appoint interim successors to fill the
19vacancies from the list under sub. (1) for the legislators whose seats are vacant, in
1the order of succession specified. The presiding officer may not appoint an interim
2successor who is unwilling, unable, or ineligible under the constitution and statutes
3to serve as a legislator.
AB317,4,7
4(5) Interim successors appointed under sub. (3) or (4) shall take the oath of
5office, but may not be required, as a prerequisite to the exercise of the powers or
6discharge of the duties of a legislator, to comply with any other provision of law
7relative to taking office.
AB317,4,10
8(6) The chief clerk of each house, or if he or she is unavailable, his or her deputy,
9shall notify the secretary of state of all vacancies that are filled by interim successors
10under this section.
AB317,4,14
11(7) An interim successor taking office under this section shall exercise the
12powers and discharge the duties of the office until the vacancy is filled under s. 17.19
13or the emergency resulting from enemy action has ended. All votes taken by an
14interim successor shall be as valid as if taken by an elected legislator.
AB317, s. 2
15Section
2. 13.41 (3), (4) and (7) of the statutes, as created by 2009 Wisconsin
16Act .... (this act), are amended to read:
AB317,4,2317
13.41
(3) If
, during an emergency resulting from enemy action, there are more
18than 9 vacancies in the senate at the same time, as determined under s. 17.03, the
19presiding officer, or his or her designee, shall appoint interim successors to fill the
20vacancies from the list under sub. (1) for the legislators whose seats are vacant, in
21the order of succession specified. The presiding officer may not appoint an interim
22successor who is unwilling, unable, or ineligible under the constitution and statutes
23to serve as a legislator.
AB317,5,5
24(4) If
, during an emergency resulting from enemy action, there are more than
2525 vacancies in the assembly at the same time, as determined under s. 17.03, the
1presiding officer, or his or her designee, shall appoint interim successors to fill the
2vacancies from the list under sub. (1) for the legislators whose seats are vacant, in
3the order of succession specified. The presiding officer may not appoint an interim
4successor who is unwilling, unable, or ineligible under the constitution and statutes
5to serve as a legislator.
AB317,5,9
6(7) An interim successor taking office under this section shall exercise the
7powers and discharge the duties of the office until the vacancy is filled under s. 17.19
8or the emergency resulting from enemy action has ended. All votes taken by an
9interim successor shall be as valid as if taken by an elected legislator.
AB317, s. 3
10Section
3. 13.42 of the statutes is created to read:
AB317,5,12
1113.42 Virtual meetings of the legislature and legislative committees. 12(1) In this section:
AB317,5,1713
(a) "Disaster" means a severe or prolonged, natural or human-caused,
14occurrence that threatens or negatively impacts life, health, property,
15infrastructure, the environment, the security of this state or a portion of this state,
16or critical systems, including computer, telecommunications, or agricultural
17systems.
AB317,5,1818
(b) "Member" means a member of the legislature.
AB317,5,22
19(2) Either house of the legislature, under its rules or joint rules, may issue a
20notice that the house and its committees are prevented from physically meeting at
21the seat of government due to an emergency resulting from a disaster or the
22imminent threat of a disaster.
AB317,5,25
23(3) If a house issues a notice under sub. (2), that house and any committee of
24that house may conduct a meeting and transact business through the use of any
25means of communication by which all of the following occur:
AB317,6,3
1(a) The identity of each participating member may be verified, and the actions
2of each participating member may be authenticated, in a manner satisfactory to the
3presiding officer or committee chairperson.
AB317,6,64
(b) During the meeting, all participating members may simultaneously hear
5or read the comments of each member who is recognized by the presiding officer or
6committee chairperson.
AB317,6,97
(c) Any document that is used during the meeting by a member and that is
8accepted by the presiding officer or committee chairperson is immediately
9transmitted to each participating member.
AB317,6,1110
(d) Except as provided in sub. (8), within technological limits, the public may
11monitor the proceedings of the house or committee.
AB317,6,14
12(4) In order to hold a meeting of a joint committee in the manner provided
13under sub. (3), each house of the legislature shall issue a notice of emergency under
14sub. (2).
AB317,6,18
15(5) For purposes of article IV, section 11, of the Wisconsin Constitution, a
16meeting held under sub. (3) or (10) shall be considered to have occurred at the seat
17of government and all actions taken during the meeting shall have the same legal
18effect as if the members were physically present at the seat of government.
AB317,6,21
19(6) For purposes of determining the presence of a quorum in proceedings or
20meetings held under this section, any participating member shall be considered
21present as if the member were physically present at the seat of government.
AB317,6,24
22(7) Except as provided in sub. (8), a meeting held under sub. (3) or (10) shall
23be preceded by the same or substantially equivalent public notice as would be
24required if the members were physically present at the seat of government.
AB317,7,3
1(8) Subsections (3) (d) and (7) do not apply with respect to a meeting held under
2sub. (3), if pursuant to article IV, section 10, of the Wisconsin Constitution, the public
3welfare requires secrecy.
AB317,7,8
4(9) In presiding over a meeting of a house of the legislature described under
5sub. (3) or (10), the presiding officer shall interpret and apply all rules of proceeding
6of that house that presume the physical presence of members in the house's
7chambers at the seat of government, in such a manner as to accomplish the same
8purposes for which the rules were adopted.
AB317,7,12
9(10) Notwithstanding the requirement for a notice of emergency under sub. (2),
10and pursuant to the session schedule under s. 13.02 (3), the legislature may meet for
11up to one week per session by holding a meeting as described under sub. (3) in order
12to practice meeting in that manner.
AB317,7,15
13(11) This section does not limit the authority of either house of the legislature
14to use teleconferencing for purposes of holding a committee meeting at the seat of
15government.
AB317, s. 4
16Section
4. 14.38 (10m) of the statutes is created to read:
AB317,7,2217
14.38
(10m) Notification of constitutional amendment. If an amendment to
18the Wisconsin Constitution is approved that requires the legislature to provide for
19temporary succession to the powers and duties of public offices for the period of an
20emergency resulting from a cause other than an enemy action, within 30 days after
21the government accountability board records the approval under s. 7.70 (3) (h), notify
22the legislature that the amendment has been approved.
AB317, s. 5
23Section
5. 166.05 (1) (title) of the statutes is amended to read:
AB317,7,2524
166.05
(1) (title)
Designation of emergency temporary location by the
25governor.
AB317, s. 6
1Section
6. 166.05 (1m) of the statutes is created to read:
AB317,8,42
166.05
(1m) Designation of temporary location by the legislature. (a) The
3legislature, by joint rule, may provide a process for designating a temporary seat of
4government for the legislature that is different than the location under sub. (1).
AB317,8,115
(b) Whenever, as the result of a disaster, as defined in s. 13.42 (1) (a), or the
6imminent threat of a disaster, it becomes imprudent, inexpedient, or impossible to
7conduct the business of the legislature at the state capital, the legislature may meet
8at the temporary location designated as provided under par. (a) or sub. (1) until it is
9no longer, as a result of the disaster or imminent threat of disaster, imprudent,
10inexpedient, or impossible, to conduct the business of the legislature at the state
11capital.
AB317,8,1512
(c) Pursuant to the session schedule under s. 13.02 (3), the legislature may meet
13for up to one week per session in a location that is not the state capital or the
14temporary location designated as provided under par. (a) or sub. (1) to practice
15meeting at a temporary location.
AB317,8,1716
(d) Information about the temporary location designated as provided under
17par. (a) is not subject to inspection or copying under s. 19.35 (1).
AB317, s. 7
18Section
7. 166.05 (2) of the statutes is amended to read:
AB317,8,2519
166.05
(2) Exercise of governmental authority. While the seat of government
20remains at
such a temporary location all official acts required by law to be performed
21at the seat of government by any officer, independent agency, department
, or
22authority of this state, including the convening and meeting of the legislature in
23regular or special session
under sub. (1) or (1m) (b) or (c), shall be as valid and binding
24when performed at
such emergency the temporary location as if performed at the
25normal location.
AB317, s. 8
1Section
8.
Effective dates. This act takes effect on the day after publication,
2except as follows:
AB317,9,83
(1)
Interim successors for legislators. The amendment of section 13.41 (3),
4(4), and (7) of the statutes takes effect on the day after the secretary of state notifies
5the legislature that an amendment to the Wisconsin Constitution has been approved
6that requires the legislature to provide for temporary succession to the powers and
7duties of public offices for the period of an emergency resulting from a cause other
8than an enemy action.