When the president, president pro tempore, majority leader, and assistant majority leader are absent or unable to preside over the senate sitting in session and the senate does not elect a substitute president under rule 2 (2)
, the chief clerk shall perform all of the duties enumerated under rule 4
(b) In order to comply with joint rule 13
and section 10 of article IV of the constitution
, the chief clerk may perform all of the duties enumerated under rule 4
, except that no business may be transacted in any session convened under this paragraph without the consent of the senate majority leader and the senate minority leader.
6. Sergeant at arms.
At the commencement of each biennial session, the senate shall elect, by roll call vote, a sergeant at arms of the senate. The sergeant at arms shall hold office for the full 2-year term of the legislature and until a successor is elected and qualified on the day of convening of the next legislature as established under section 13.02 (1)
of the statutes unless separated by death, resignation, or removal by the vote of a majority of the actual present membership of the senate.
(2) The sergeant at arms shall:
(a) Carry out all orders of the senate or its presiding officer.
(b) Perform all the duties that may be assigned to the sergeant connected with the maintenance of decorum and good order in the chamber.
(c) Supervise the coming and going of all persons to and from the chamber.
(d) Enforce the provisions of rule 11
relating to lobbyists and lobbying.
(e) Provide for the prompt delivery of messages from or within the senate.
(f) Ensure that the chamber is properly ventilated and is open for the use of the members as directed by the presiding officer or from one hour preceding each daily session until one hour after that day's adjournment.
(g) Perform all other services pertaining to the office of sergeant at arms.
(h) Enforce the provisions of rule 13m
relating to conduct of individuals in the gallery.
(3) The sergeant at arms is under the supervision of the chief clerk and the compensation of the sergeant at arms shall be determined by the chief clerk.
ORDER AND DECORUM
7. Presiding officer to preserve order; appeal.
The presiding officer shall preserve order and decorum; may speak to points of order in preference to others, rising for that purpose; and shall decide questions of order, subject to an appeal by a member, on which appeal each member may speak once not to exceed 5 minutes.
(2) Whenever a point of order is raised, the presiding officer may rule thereon forthwith, or may defer the decision not later than the 5th order of business on the 2nd legislative day thereafter to provide time for examination of the precedents. Questions not ruled on within the required time shall be decided by a majority of the senate.
(3) Whenever the presiding officer takes a point of order under advisement in order to consult sources of parliamentary law and procedure, the presiding officer shall submit the decision in writing, stating the source consulted and the reasons for the decision. The text of the presiding officer's decision shall be recorded in the journal.
(4) On appeal being taken, the question is "Shall the decision of the presiding officer stand as the judgment of the senate?", which question, and the action thereon, shall be entered on the journal. The vote is taken by roll call vote. A tie vote sustains the ruling of the presiding officer.
(5) All points of order raised and the decisions thereon shall be entered in the journal.
8. Conduct while sitting in session.
Members, officers, and employees shall wear appropriate attire while the senate is sitting in session. Appropriate attire for men includes the wearing of a coat.
(2) While the presiding officer is addressing the senate, or submitting a question, a member may not cross the floor or leave the senate. While a member is speaking, a member may not walk between the speaking member and the presiding officer.
(3) A member or other person may not visit or remain by the clerk's table while the ayes and noes are being called. A member may not leave his or her seat or be disturbed by any other person while the ayes and noes are being called.
(4) A member or other person may not, within the senate chamber, read newspapers, periodicals, magazines, books, or similar materials, unless the publication is relevant to the debate on the senate floor, or consume food, beverages, or tobacco products.
(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.
11. Who may be admitted to the floor; recording proceedings; listing of visitors.
Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate where the members sit in session: the governor, the lieutenant governor, members of the legislature, members of the staff of the sergeant at arms, and designated members of the chief clerk's staff.
(2) Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate designated as the staff lobby while the senate is sitting in session: state officers, employees of either house of the legislature, of legislative committees, and of legislative service agencies while engaged in the performance of their duties, members of congress, justices of the supreme court, and former members of the legislature.
(3) However, none of those persons in subs. (1)
who are registered as lobbyists or engaged in defeating or promoting any pending legislation have the privilege of the floor of the senate.
(4) A former senator or other person who is directly or indirectly interested in defeating or promoting any pending legislation, whether registered as a lobbyist or not, does not have the privilege of the floor of the senate at any time.
(5) All accredited correspondents of the news media, who confine themselves to their professional duties, have the privilege of the floor of the senate, except that while the senate is sitting in session the privilege extends only to the press lobby.
(6) Persons who are not specified in subs. (1)
may be invited on the floor of the senate by the committee on senate organization.
(7) No persons other than members of the chief clerk's staff, members of the staff of the sergeant at arms, members of a senator's staff, and accredited correspondents of the news media may engage in any audio or video recording of the proceedings of the senate or any committee without permission of the committee on senate organization.
(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.
(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.
12. Privileges of senate to contestants for seats.
Contestants for seats have the privilege of the senate until their respective cases are disposed of. The privilege extends only so far as access to the chamber, during the time occupied in settling the contest.
13. Disturbance in lobby.
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.
13m. Conduct of individuals in the gallery.
Unless otherwise provided by the presiding officer, individuals in the gallery:
(1) Shall be quiet at all times.
(2) Shall be seated at all times.
(3) May not lean over or put any object over the balcony.
(4) May not display signs. If an individual brings a sign to the chamber, the sign shall be left in the gallery vestibule.
(5) May not read books or newspapers.
(6) May not consume food or beverages.
(7) May not use tobacco products.
(8) Shall turn off all cellular telephones and pagers.
(9) May not use a laptop or other computer.
(10) May not photograph any of the proceedings in the chamber.
ORDER OF BUSINESS
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
of the members present. This section shall not apply to a senate session that is convened to prevent a violation of section 10 of article IV of the constitution
15. Roll call, quorum.
Before proceeding to business, the roll of the members shall be called, and the names of those present and those absent shall be entered on the journal. A member present during any part of a roll call day shall be included in the official attendance roll call for that day. A majority of the membership presently serving must be present to constitute a quorum for the transaction of business; a smaller number, however, can adjourn and may compel the attendance of absent members. When a roll call discloses the lack of a quorum, further business may not be conducted until a quorum is obtained, but the members present may take measures to procure a quorum or may adjourn.
16. Leave of absence.
Members of the senate may not be absent from the daily session during the entire day without first obtaining a leave of absence. The leave may be granted at any time by a majority vote of the senate.
17. Order of business.
Following any opening prayer and the pledge of allegiance, the order of business in the senate is as follows:
(a) First order.
Call of roll.
(b) Second order.
Chief clerk's entries.
(c) Third order.
Introduction, first reading, and reference of proposals.
(d) Fourth order.
Reports of committees.
(e) Fifth order.
Petitions and communications.
(f) Sixth order.
Referrals and receipt of committee reports concerning proposed administrative rules.
(g) Seventh order.
Advice and consent of the senate.
(h) Eighth order.
Messages from the assembly.
(i) Ninth order.
(j) Tenth order.
Consideration of motions, resolutions, and joint resolutions not requiring a 3rd reading.
(k) Eleventh order.
Second reading and amendment of senate joint resolutions and senate bills.
(L) Twelfth order.
Second reading and amendment of assembly joint resolutions and assembly bills.
(m) Thirteenth order.
Third reading of joint resolutions and bills.
(n) Fourteenth order.
Motions may be offered.
(o) Fifteenth order.
Announcements, adjournment honors, and remarks under special privilege.
(p) Sixteenth order.
(2) A proposal or other matter may be made a special order for a specified date and time by the committee on senate organization or by two-thirds of the members present. Once established, a special order can be postponed to a future date or time only by the committee on senate organization or by two-thirds of the members present. When the time for the special order has arrived and the special order is announced by the presiding officer, or attention thereto is called by any member, the special order has precedence over the regular orders of business. Whenever the rules are suspended to advance such proposal or other matter to a subsequent stage, its precedence as a special order continues. Whenever any such special order is under consideration, it shall not be interrupted by the arrival of the time for the consideration of another special order.
(3) Special orders, once established, continue to be special orders, and when laid over under the rules are special orders on their proper calendar, unless otherwise ordered by the senate. Subsequent special orders shall be considered in their chronological order and their priority over regular orders on the calendars remains.
(4) With the prior consent of the majority leader and the minority leader and upon the motion by one of them under any order of business at any time, any member may be granted the floor for the purpose of introducing former members, state officers, and other persons of unusual achievement as guests of the senate. The member making the introduction shall submit in writing to the chief clerk the names of the guests so introduced.
(4m) Members may submit to the chief clerk in writing a listing of individuals who witnessed a part of the day's meeting or in whose honor the members would like to adjourn. The list, together with the record of the guests introduced on that legislative day under sub. (4)
, shall be entered at the end of the day's journal.