Chapter 11: Joint Rules
Rescinding, amending, or suspending rules Rule 96
Continuity of joint rules Rule 97
Publishing of joint rules Rule 98
2011-2012 Session Schedule
Enacted January 3, 2011, by 2011 SJR-1Page 59
Alphabetical IndexPage 64
J O I N T R U L E S
As last affected by 2011 Senate Joint Resolution 2
(Concurred in January 25, 2011)
JOINT PROCEDURES OF THE TWO HOUSES
1. Joint convention.
Whenever there is a joint convention of the 2 houses, the president of the senate shall preside over the joint convention, if present, and the speaker of the assembly shall preside if the president is not present, and the chief clerk of the assembly shall act as clerk thereof, assisted by the chief clerk of the senate.
2. Receding from position on amendment.
Whenever an amendment has been nonconcurred in by the other house, any member may move to recede from the amendment. If the motion prevails the amendment is thereby reconsidered and rejected and the bill or joint resolution or amendment to which the amendment had been adopted by the house is thereby passed or concurred in, as the case may be, so that further action is not required thereon in either house.
3. Committee of conference.
In all cases of disagreement between the senate and assembly on amendments, adopted by either house to a bill or joint resolution passed by the other house, a committee of conference consisting of 3 members from each house may be requested by either house, and the other house shall appoint a similar committee. At least one member from each house shall be a member of the minority party.
(a) The usual manner of procedure is as follows: If a bill or joint resolution of one house has been amended and passed by the other house, and has been returned to the house of origin and the house of origin has refused to concur in an amendment, the house of origin may appoint members to a committee of conference and notify the other house, which shall appoint members to the committee of conference unless it votes to recede from its amendment. The members of the committee shall be appointed as provided in the rules of each house.
(am) The members of the committee shall meet and state to each other, orally or in writing, the reasons of their respective houses for or against the disagreement, and confer thereon, and shall report to their respective houses any agreement they arrive at by the vote of at least a majority of the members of the committee representing each house.
(b) When the committee of conference has reached agreement the report shall be first presented, if a senate bill or joint resolution, to the assembly and, if an assembly bill or joint resolution, to the senate. The vote by each house to approve the conference report constitutes final action on the proposal and may not be reconsidered.
(c) Approval of the conference report by a roll call vote in each house sufficient to constitute final passage of the proposal is final passage of the bill or final adoption and concurrence in the joint resolution in the form and with the changes proposed by the report.
(d) If the committee of conference is unable to agree, another committee of conference consisting of new members may be appointed as provided in the rules of each house and may proceed to further consideration of the proposal.
(2) A committee of conference shall meet on the call of either cochairperson.
(3) A report of a committee of conference may not be amended and may not be divided.
5. Bill recalled from governor.
Any bill may be recalled by joint resolution from the governor for further consideration and shall, after having been returned to the house where it originated, be before the house for its action thereon. The bill may be reconsidered or otherwise acted upon without any reconsideration or other action thereon being first had in the other house. Any action taken shall be messaged to the other house for its concurrence.
6. Proposal recalled from other house.
The recall of a proposal from outside the jurisdiction of the house requires the adoption of and concurrence in a joint resolution recalling the proposal.
7. Citations by the legislature.
(1) For the purpose of extending the commendations, condolences, or congratulations of the legislature to a particular person, group, or organization, or to recognize a particular event or occasion, there may be issued a "citation by the legislature." The approval of the citations shall in each house be governed by the rules of that house.
(1m) Citations may be used in place of resolutions for commendations, congratulations, or condolences to past or present state officials or other public figures, groups, or organizations, or to give recognition to an important event or occasion. Citations may not be used for procedural matters or in place of resolutions memorializing the U.S. Congress, but only if appropriate to express the feeling of one house or of both houses of the legislature with reference to a person, group, or organization or to an event or occasion.
(2) Citations may not be used for matters of an inappropriate, controversial, or partisan political nature.
(3) Each house shall establish a procedure for reviewing each proposed citation, whether originating in that house or received from the other house with the request for concurrence, for its compliance with subs. (1)
, and (2)
(4) The chief clerks of the 2 houses shall design a format for citations under this rule, which incorporates the following requirements:
(a) Citations shall contain the State Seal and signature blocks for the president of the senate, the speaker of the assembly, and the chief clerk of the house of origin.
(b) A citation shall be presented on either an 8-1/2 inch by 11 inch or an 8 inch by 14 inch form, artistically designed and suitable for framing, and the full text of the citation may not exceed a single page.
PROCEDURES DERIVED FROM STATE CONSTITUTION
10. Each house determines its rules.
Each house may determine the rules of its own proceedings and punish for contempt and disorderly behavior, as provided under section 8 of article IV of the constitution
Unless a different quorum is required by the state constitution for a specific action, a majority of the current membership constitutes a quorum for the transaction of business, as provided under section 7 of article IV of the constitution
(2) Three-fifths of the members elected is the quorum necessary for passage or concurrence in either house of any "fiscal bill" under section 8 of article VIII of the constitution
. The votes shall be taken by ayes and noes and shall be so recorded in the journal. A "fiscal bill" is any bill which:
(a) Imposes, continues, or renews a tax.
(b) Creates a debt or charge.
(c) Makes, continues, or renews an appropriation of public or trust money.
(d) Releases, discharges, or commutes a claim or demand of the state.
(3) A majority of those present, even though a smaller number than a majority of the current membership is present, may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide, as provided under section 7 of article IV of the constitution
12. Required vote total.
Unless a different total vote is required by the state constitution, by law, or by legislative rule, for a specific action, all questions are decided by a majority of a quorum.
(a) As required by the state constitution, each of the bills or actions under pars. (am)
requires such higher affirmative vote total for passage or concurrence in either house. The vote is taken by ayes and noes and shall be so recorded in the journal.
(am) 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
(b) Two-thirds of all the members elected to that house in which the member serves are necessary to approve the expulsion of a member under section 8 of article IV of the constitution
(c) Two-thirds of all the members elected to each house are necessary to remove a justice or judge by address of the legislature under section 13 of article VII of the constitution
(d) Two-thirds of the members present and constituting a quorum in each house are necessary to pass any bill, or to pass any part of an appropriation bill, notwithstanding the objections of the governor under section 10 of article V of the constitution
(e) Two-thirds of the senators present and constituting a quorum are necessary to convict in an impeachment trial under section 1 of article VII of the constitution
(f) A majority of all the members elected to each house is necessary to authorize state debt for extraordinary expenditures under section 6, or to authorize bonded indebtedness under section 7 of article VIII, or to give first or second consideration approval to any proposed amendment to the state constitution under section 1 of article XII of the constitution
(g) A majority of all the members elected to the assembly is necessary to vote an impeachment under section 1 of article VII of the constitution
(3) One-sixth of the members present of either house are necessary to require that the yeas and nays of the members of that house on any question be entered on the journal, as provided under section 20 of article IV of the constitution
13. Adjournment for more than 3 days.
As provided by section 10 of article IV of the constitution
, neither house shall, without the consent of the other house through approval of a joint resolution by both houses, adjourn for more than 3 consecutive days (Sundays excepted).
14. Stationery; reproduction of legislative documents.
All stationery purchased for the legislature shall be let by contract to the lowest responsible bidder, as provided under section 25 of article IV of the constitution
(2) Each house of the legislature may have publications and other matter reproduced in the manner provided by the rules of each house or the joint rules. In addition, the legislature or either house thereof may provide by rule, and the joint committee on legislative organization may provide by motion with the ayes and noes recorded in its minutes, for reproduction of materials for the legislature in any form, manner, or amount which in the judgment of the legislature, the house, or the joint committee best serves the interests of the people of the state, except that where there is a contract for reproduction with which the reproduction would conflict, the contract continues to govern until it expires.
(3) For any legislative document originating in one house of the legislature and to be reproduced for both houses of the legislature, the joint committee on legislative organization may determine the number of copies routinely to be reproduced unless otherwise provided by law, joint rule, or resolution but the chief clerks of the senate and assembly, acting jointly, may authorize the reproduction of additional copies if warranted by the anticipated requests.
21. Joint hearings of standing committees.
The chairpersons of corresponding committees of both houses or committees having corresponding proposals referred to them shall arrange joint hearings of their committees to consider the proposals if, in their judgment, the business of the legislature and the convenience of the members and the public, who are interested in the proposals, will be promoted thereby. The proposals to be considered, the time and place of the hearings, who presides at the hearings, and any other matters convenient to the hearings may be agreed upon by the chairpersons. Joint hearings may also be arranged to consider a proposal introduced or offered in only one house which will require consideration in both houses. The joint hearings take the place of separate hearings and are final unless the house in which the proposal is pending orders a further hearing before its own committee.
22. Cochairpersons of joint committees.
All standing or special joint committees shall have a senate and an assembly cochairperson. Unless otherwise provided by both cochairpersons, a meeting of a joint committee shall be chaired by the cochairperson from the house that referred the business then before the joint committee.
23. Joint committee on legislative organization.
There is created a joint committee on legislative organization consisting of the speaker of the assembly, the president of the senate, the majority and minority leader of each house, and the assistant majority and minority leader of each house.
(2) The committee has the powers and responsibilities conferred upon it by statute or by the joint rules and may take appropriate action thereunder. The committee shall recommend to the houses any action it considers likely to more closely coordinate the work of the 2 houses or to save expenses or increase the efficiency of the legislature.
(3) The committee shall adopt a policy for the preservation of historically significant electronic records of legislative business that are maintained by the chief clerks of the 2 houses.
(4) The committee shall adopt a continuity of operations plan for the purpose of meeting at a temporary seat of government to conduct legislative business as provided under section 323.51 (1m)
of the statutes.
25. Funeral delegation.
A joint delegation consisting of members of the senate appointed by the president and of members of the assembly appointed by the speaker shall attend the funeral of any deceased member of the legislature.
27. Committee hearings open to public.
Unless otherwise provided by law, every committee hearing, executive session, or other meeting is open to the public. If time permits, advance notice of every regularly scheduled committee hearing, executive session, or other meeting is published as provided in joint rule 75