LRB-0272/5
RAC:kjf&wlj:md
2011 - 2012 LEGISLATURE
January 4, 2011 - Introduced by Senators S. Fitzgerald and Ellis, cosponsored by
Representatives J. Fitzgerald and Suder. Referred to Committee on Senate
Organization.
SJR2,2,10
1To repeal joint rule 51 (4), joint rule 73 (5), joint rule 83 (2), joint rule 87 (3) (a) and
2joint rule 99 (58);
to renumber joint rule 7 (intro.), joint rule 7 (4) (b), joint rule
345 (1) (a), joint rule 57 (2) (intro.) and joint rule 57 (2) (a);
to renumber and
4amend joint rule 7 (1), joint rule 7 (4) (c), joint rule 12 (2) (intro.), joint rule 12
5(2) (a), joint rule 77 (7) to (9), joint rule 82 (intro.) and joint rule 82 (1);
to amend
6joint rule 2, joint rule 3 (1) (a), joint rule 3 (1) (c), joint rule 7 (3), joint rule 11
7(2) (intro.), joint rule 12 (2) (f), joint rule 13, joint rule 14 (3), joint rule chapter
83 (title), joint rule 21, joint rule 22, joint rule 23 (2), joint rule 27, joint rule 31
9(1) (intro.), joint rule 31 (1) (d), joint rule 31 (4), joint rule 32 (1) (b), joint rule
1032 (1) (e), joint rule 32 (1) (f), joint rule 33 (1), joint rule 34, joint rule 41 (3) (b),
11joint rule 43, joint rule 44 (2), joint rule 48 (title), (1), (2) and (4), joint rule 51
12(intro.) and (2), joint rule 52 (intro.) and (1) (c) and (e), joint rule 52 (5) (intro.),
13(a) and (b), joint rule 53 (1) and (2) (a), joint rule 54 (1), (2) and (2m) (a), joint
14rule 55 (1), joint rule 59, joint rule 60 (2), joint rule 62 (1), joint rule 64 (1) (a)
15and (2), joint rule 73 (1) to (4), joint rule 74, joint rule 76 (1), joint rule 77 (3) and
1(4), joint rule 78, joint rule 79 (intro.), (1), (4) and (6), joint rule 81 (1), (2) (b),
2(3) (intro.) and (b) and (4), joint rule 81m (2) (intro.) and (b), joint rule 82 (2) (a),
3joint rule 82 (2) (b), joint rule 83 (1), joint rule 83 (3), joint rule 83 (4) (a), joint
4rule 83 (5), joint rule 84 (intro.) and (4), joint rule 87 (intro.), joint rule 87 (3)
5(intro.), joint rule 87 (3) (b), joint rule 96, joint rule 98 (3) and joint rule 99
6(intro.), (3), (4), (5), (14), (16), (27m), (28), (36), (38), (40), (50), (50m), (54), (59),
7(63), (66), (71), (75), (82), (83) and (89);
to repeal and recreate joint rule 75
8and joint rule 87 (3) (c); and
to create joint rule 23 (3) and (4), joint rule 32 (1)
9(j), joint rule 51m, joint rule 77 (8) and joint rule 82 (1m) (g);
relating to: the
10joint rules.
Analysis by the Legislative Reference Bureau
This joint resolution makes numerous technical and stylistic changes to the
joint rules, as well as makes changes to clarify the meaning of certain joint rules.
There are some changes to the joint rules, however, that are substantive. These
changes include all of the following:
1. The resolution provides that three-fourths of all the members elected to both
houses are necessary to approve any bill to grant increased retirement fund benefits
under section 26 of article IV of the constitution. Current joint rules provide that
three-fourths of all the members elected to each house are necessary. This change
is made to conform with a recent Supreme Court decision on section 26 of article IV
of the constitution.
2. The resolution eliminates a requirement that meetings of joint committees
must be chaired by the cochairperson from the house that referred the business to
the committee. Instead, the resolution provides that, unless otherwise provided by
both cochairpersons of a joint committee, any meeting of a joint committee must be
chaired by the cochairperson from the house that referred the business to the
committee.
3. The resolution eliminates a requirement that a duplicate committee record
must be filed with the Legislative Reference Bureau (LRB).
4. The resolution permits the chief clerk of each house to include any
appropriate information in the history file of a legislative proposal.
5. The resolution amends the definition of "rules of procedure" to be "rules of
proceedings" and provides that these are legislative rules that govern legislative
operations and the conduct of legislative business and are found in the following
sources: the state constitution; the joint rules, senate rules, and assembly rules;
custom, usage, and precedent in each house; the statutes; and parliamentary law.
6. The resolution permits the LRB, if time permits, to prepare in plain language
an analysis of a substitute amendment, to be reproduced with the substitute
amendment when it is offered.
7. The resolution requires the chief clerk of each house to publish, on a daily
basis on the legislature's committee Internet Web site, a committee schedule
containing the name of each committee, its chairperson, the room number or place,
and the time and date of each meeting scheduled; and to designate each proposal,
appointment, or administrative rule to be heard by number or name, author, and
topic.
8. The resolution authorizes the committee on assembly organization to
designate a committee work day for assembly advice and consent on nominations for
appointment. Currently, the committee on senate organization does this for the
senate.
9. The resolution provides that citations may be printed in either 8-1/2 inch by
11 inch form or 8 inch by 14 inch form, but must be limited to a single page. Currently,
citations must be printed in 8-1/2 inch by 11 inch form.
10. The resolution requires the Joint Committee on Legislative Organization
(JCLO) to adopt a policy for the preservation of historically significant legislative
records that are maintained by the chief clerks of the two houses.
11. The resolution requires the chief clerk of each house to prepare the bound
copy of the journal within 90 days after the final adjournment of any biennial session
of the legislature. Currently, this must be done within 60 days.
12. The resolution provides that during any extended floorperiod or
extraordinary session, a house may give its advise and consent on nominations for
appointment.
13. The resolution provides that, unless otherwise provided by the committee
on senate organization or the assembly committee on rules, any vetoes of regular or
special session bills not previously on a calendar in the house of origin must be shown
as pending business on the calendar for the veto review session's first day. Currently,
any vetoes of regular or special session bills not previously on a calendar in the house
of origin must be shown as pending business on the calendar for the veto review
session's first day.
14. Finally, the resolution requires JCLO to adopt a continuity of operations
plan for the purpose of meeting at a temporary seat of government to conduct
legislative business during a disaster or the imminent threat of a disaster if it is
imprudent, inexpedient, or impossible to conduct legislative business at the state
capitol.
SJR2,3,1
1Resolved by the senate, the assembly concurring, That:
SJR2, s. 1
2Section
1. Joint rule 2 is amended to read:
SJR2,4,7
1Joint Rule 2.
Receding from position on amendment. Whenever an
2amendment has been nonconcurred in by the other house, any member may move
3to recede from the amendment. If the motion prevails the amendment
shall is 4thereby
be reconsidered and rejected and the bill
or joint resolution or amendment
5to which the amendment had been adopted by the house
shall is thereby
be passed
6or concurred in, as the case may be, so that further action is not required thereon in
7either house.
SJR2, s. 2
8Section
2. Joint rule 3 (1) (a) is amended to read:
SJR2,4,16
9Joint Rule 3 (1) (a) The usual manner of procedure is as follows: If a bill
or joint
10resolution of one house has been amended and passed by the other house, and has
11been returned to the house of origin and the house of origin has refused to concur in
12an amendment, the house of origin may appoint
members to a committee of
13conference and notify the other house, which shall appoint
a members to the 14committee of conference unless it votes to recede from its amendment.
Such
15committees The members of the committee shall be appointed as provided in the
16rules of each house.
SJR2,4,21
17(am) The
joint members of the committee shall meet and state to each other,
18orally or in writing, the reasons of their respective houses for or against the
19disagreement, and confer thereon, and shall report to their respective houses any
20agreement they arrive at by the vote of at least a majority of the members of the
21committee representing each house.
SJR2, s. 3
22Section
3. Joint rule 3 (1) (c) is amended to read:
SJR2,5,2
23Joint Rule 3 (1) (c) Approval of the conference report by a roll call vote in each
24house sufficient to constitute final passage of the proposal
shall be is final passage
1of the bill or final adoption and concurrence in the joint resolution in the form and
2with the changes proposed by the report.
SJR2, s. 4
3Section
4. Joint rule 7 (intro.) is renumbered joint rule 7 (1).
SJR2, s. 5
4Section
5. Joint rule 7 (1) is renumbered joint rule 7 (1m) and amended to read:
SJR2,5,11
5Joint Rule 7 (1m) Citations may be used in place of resolutions for
6commendations, congratulations, or condolences to past or present state officials or
7other public figures, groups, or organizations, or to give recognition to an important
8event or occasion. Citations may not be used for procedural matters or in place of
9resolutions memorializing the U.S. Congress, but only if appropriate to express the
10feeling of one house or of both houses of the legislature with reference to a person
,
11group, or organization or to an event or occasion.
SJR2, s. 6
12Section
6. Joint rule 7 (3) is amended to read:
SJR2,5,16
13Joint Rule 7 (3) Each house shall establish a procedure for reviewing each
14proposed citation, whether originating in that house or received from the other house
15with the request for concurrence, for its
appropriateness under compliance with 16subs. (1)
, (1m), and (2).
SJR2, s. 7
17Section
7. Joint rule 7 (4) (b) is renumbered joint rule 7 (4) (a).
SJR2, s. 8
18Section
8. Joint rule 7 (4) (c) is renumbered joint rule 7 (4) (b) and amended
19to read:
SJR2,5,23
20Joint Rule 7 (4) (b)
Because a
A citation
is to shall be presented on
either an
218-1/2 inch by 11 inch
or an 8 inch by 14 inch form, artistically designed and suitable
22for framing,
and the full text of the citation
shall may not exceed
15 typewritten lines
23of 70 characters each a single page.
SJR2, s. 9
24Section
9. Joint rule 11 (2) (intro.) is amended to read:
SJR2,6,4
1Joint Rule 11 (2) (intro.) Three-fifths of the members elected is the quorum
2necessary for passage
(or concurrence) or concurrence in either house of any
"fiscal
3bill
" under section 8 of article VIII of the constitution. The votes shall be taken by
4ayes and noes and shall be so recorded in the journal. A
"
fiscal bill
" is any bill which:
SJR2, s. 10
5Section
10. Joint rule 12 (2) (intro.) is renumbered joint rule 12 (2) (a) and
6amended to read:
SJR2,6,10
7Joint Rule 12 (2) (a) As required by the state constitution, each of the
following 8bills
or actions under pars. (am) to (g) requires such higher affirmative vote total for
9passage
(or concurrence
) in either house. The vote
shall be is taken by ayes and noes
10and shall be so recorded in the journal.
SJR2, s. 11
11Section
11. Joint rule 12 (2) (a) is renumbered joint rule 12 (2) (am) and
12amended to read:
SJR2,6,15
13Joint Rule 12 (2) (am) Three-fourths of all the members elected to
each house 14both houses are necessary to approve any bill to grant increased retirement fund
15benefits under section 26 of article IV of the constitution.
SJR2, s. 12
16Section
12. Joint rule 12 (2) (f) is amended to read:
SJR2,6,21
17Joint Rule 12 (2) (f) A majority of all the members elected to each house is
18necessary to authorize state debt for extraordinary expenditures under section 6, or
19to authorize bonded indebtedness under section 7 of article VIII, or to give first or
20second consideration approval to any proposed
amendment to the state
21constitutional change constitution under section 1 of article XII of the constitution.
SJR2, s. 13
22Section
13. Joint rule 13 is amended to read:
SJR2,7,223
J
oint Rule 13.
Adjournment for more than 3 days. As provided by section
2410 of article IV of the constitution, neither house shall, without the consent of the
25other house through approval of a joint resolution by both houses,
during any session
1of the legislature adjourn for
any period of more than 3 consecutive days (Sundays
2excepted).
SJR2, s. 14
3Section
14. Joint rule 14 (3) is amended to read:
SJR2,7,9
4Joint Rule 14 (3) For any legislative document originating in one house of the
5legislature and to be reproduced for both houses of the legislature, the joint
6committee on legislative organization
shall may determine the number of copies
7routinely to be reproduced unless otherwise provided by law, joint rule, or resolution
8but the chief clerks of the senate and assembly, acting jointly, may authorize the
9reproduction of additional copies if warranted by the anticipated requests.