LRB-1086/1
RAC:jld:jf
2013 - 2014 LEGISLATURE
January 10, 2013 - Introduced by Representatives Vos, Barca, Suder, Kramer,
Steineke, Ballweg, Jorgensen, Pasch and Zamarripa.
AR3,1,8
1To repeal assembly rule 17d (2), assembly rule 53 (4), assembly rule 73 (9) and
2assembly rule 95 (58);
to amend assembly rule 3 (1) (r), assembly rule 5 (2),
3assembly rule 11 (4), assembly rule 11 (5) (a), assembly rule 11 (10), assembly
4rule 29 (3), assembly rule 61 (5), assembly rule 73 (2) (a), assembly rule 73 (3)
5(a), assembly rule 73 (4) (c), assembly rule 93 (2), assembly rule 93 (3), assembly
6rule 95 (38), assembly rule 95 (50), assembly rule 95 (54) and assembly rule 95
7(63); and
to create assembly rule 5 (4) and assembly rule 9 (2) (cd);
relating
8to: the assembly rules.
Analysis by the Legislative Reference Bureau
This resolution makes the following substantive changes to the assembly rules:
Casting of votes in committee
The resolution provides that votes in committee must be held open after the
adjournment of the committee session to permit an absent member to vote until 5:00
p.m. on the day on which the committee session is adjourned or 30 minutes after the
adjournment, whichever is earlier. The absent member must cast his or her vote in
the committee room where the meeting is held.
Committee notice for meeting on unintroduced proposals
The resolution requires that, if an unintroduced proposal will be considered at
a committee meeting, the committee chairperson must provide a copy of the
unintroduced proposal with the notice.
Provision of calendar to members
The resolution provides that, except during the final week of the last
general-business floorperiod, the calendar must be provided to each member at least
24 hours before the calendar is to be acted upon. The current requirement is 18
hours.
Questions of assembly or personal privilege
Current assembly rules governing floor debate provide that questions of
assembly or personal privilege have precedence only insofar as they require
immediate consideration. The resolution provides that these questions may not be
dilatory.
Power of speaker to make temporary committee appointments
The resolution authorizes the speaker of the assembly to make temporary
replacements of members on committees who are unable temporarily to serve on the
committee.
Determination of 24-hour notice rule for committee meetings
The resolution eliminates a rule that prohibited the counting of hours between
5:00 p.m. and 8:00 a.m. for purposes of calculating a 24-hour notice provision for
committee executive action on introduced proposals.
Posting of notice for committee meetings during special, extraordinary, or
extended sessions
The resolution provides that during a special, extraordinary, or extended
session a notice of a committee meeting is not required other than posting on the
legislative bulletin boards and the legislature's Internet site, and a schedule of
committee activities need not be published. The current rule applies this provision
only to committee hearings.
Power of assembly chief clerk during skeletal sessions
The resolution permits the assembly chief clerk to perform duties of the
presiding officer during skeletal sessions, other than any duty related to the
enactment of legislation or the adoption of a resolution.
Proposals that may be considered during special, extraordinary, or
extended sessions
The resolution provides that during a special or extraordinary session an
assembly proposal may not be considered unless it is recommended to be introduced,
offered, or considered by the assembly committees on finance, organization, or rules,
or by the joint committees on employment relations, finance, or organization.
Currently, the only proposals that may be considered during a special or
extraordinary session are those offered or introduced by these committees.
Duties of assembly chief clerk
The resolution permits the assembly chief clerk to delegate specific portions of
the work assigned to the chief clerk or to the chief clerk's office to appropriate staff.
This provision clarifies current rules which specifically permit the chief clerk to
delegate specific portions of the work assigned to the chief clerk's office only to
appropriate assistants.
Timing of reconsideration motions on amendments and proposals
The resolution provides that for both amendments and proposals, the time for
making reconsideration motions expires on the seventh order of business that next
occurs on a roll call day after adoption of the amendment or passage of the proposal.
Currently, reconsideration motions for amendments must be made no later than the
seventh order of business on the second legislative day after adoption of the
amendment, and reconsideration motions for proposals must be made no later than
the seventh order of business on the next legislative day after passage of the
proposal.
Reconsideration of proposals when amendments are under reconsideration
The resolution provides that if a motion for reconsideration of an amendment
prevails, the entire proposal is returned to the amendable stage. Currently, the final
decision on the proposal at the end of the second reading stage must also be
reconsidered before a reconsideration of an amendment may be taken up.
Referral of notices and reports concerning proposed administrative rules
The resolution requires the referral of every notice and report concerning a
proposed administrative rule received by the speaker to the appropriate standing
committee of the assembly within ten working days following receipt. Current rules
provide that the referral must be within seven working days.
AR3,3,1
1Resolved by the assembly, That:
AR3,1
2Section
1. Assembly rule 3 (1) (r) is amended to read:
AR3,3,9
3Assembly Rule 3 (1) (r) Refer every notice and report concerning a proposed
4administrative rule received by him or her under section 227.19 of the statutes to the
5appropriate standing committee of the assembly within
7 10 working days following
6receipt, and notify that committee whenever the speaker is informed that a proposed
7rule or portion thereof is being withdrawn. The speaker shall refer any report
8received from a standing committee that objects to a proposed rule or portion thereof
9to the joint committee for review of administrative rules.
AR3,2
10Section
2. Assembly rule 5 (2) is amended to read:
AR3,4,3
1Assembly Rule 5 (2) The chief clerk may delegate specific portions of the work
2assigned
to the chief clerk or to the clerk's office to appropriate
assistants staff, but
3shall supervise and remain responsible for its execution.
AR3,3
4Section
3. Assembly rule 5 (4) is created to read:
AR3,4,9
5Assembly Rule 5 (4) In order to comply with joint rule 13 and section 10 of
6article IV of the constitution, the chief clerk may perform all of the duties
7enumerated under rule 3m, except that during any session convened under this
8subsection the chief clerk may not perform any duty related to the enactment of
9legislation or the adoption of a resolution.
AR3,4
10Section
4. Assembly rule 9 (2) (cd) is created to read:
AR3,4,20
11Assembly Rule 9 (2) (cd) If an assembly member of an assembly committee or
12a joint committee is unable to serve, the speaker may select a temporary replacement
13for a member of the majority party who is unable to serve from among those members
14of the same party and may select a temporary replacement for a member of the
15minority party, upon recommendation of the minority leader, who is unable to serve
16from among those members of the same party. The replacement takes effect when
17the member who is a temporary replacement answers the roll call of the assembly
18committee or joint committee and terminates upon the adjournment of the assembly
19committee or joint committee meeting or the return of the member who was unable
20to serve, whichever occurs first.
AR3,5
21Section
5. Assembly rule 11 (4) is amended to read:
AR3,5,2
22Assembly Rule 11 (4)
All Except as provided in sub. (5) (a), all committee votes
23shall be taken in the presence of the committee. A member may not be recorded as
24voting unless the member is present at the committee session when the vote is taken.
1This subsection shall not apply to the committee on assembly organization when the
2committee is voting by ballot.
AR3,6
3Section
6. Assembly rule 11 (5) (a) is amended to read:
AR3,5,9
4Assembly Rule 11 (5) (a) A vote
may
shall be held open
until after the
5adjournment of the committee session to permit an absent member to vote
. Any such
6vote may only be recorded if the member votes in the presence of the committee in
7session until 5:00 p.m. on the day on which the committee session is adjourned or 30
8minutes after the adjournment, whichever is earlier. The absent member shall cast
9his or her vote in the committee room where the meeting is held.
AR3,7
10Section
7. Assembly rule 11 (10) is amended to read:
AR3,5,13
11Assembly Rule 11 (10) The chairperson shall notify committee members of all
12committee meetings.
If an unintroduced proposal will be considered at the meeting,
13the chairperson shall provide a copy of the unintroduced proposal with the notice.
AR3,8
14Section
8. Assembly rule 17d (2) is repealed.
AR3,9
15Section
9. Assembly rule 29 (3) is amended to read:
AR3,5,20
16Assembly Rule 29 (3) A calendar, except a calendar for a Saturday, Sunday, or
17state holiday specified in section 230.35 (4) (a) of the statutes, shall be provided to
18each member at least 12 hours before the calendar is to be acted upon during the last
19week of the last general-business floorperiod preceding the veto review session and
2018 24 hours before the calendar is to be acted upon at other times.
AR3,10
21Section
10. Assembly rule 53 (4) is repealed.
AR3,11
22Section
11. Assembly rule 61 (5) is amended to read:
AR3,5,25
23Assembly Rule 61 (5) Questions of assembly or personal privilege have
24precedence only insofar as they require immediate consideration
and are not
25dilatory.
AR3,12
1Section
12. Assembly rule 73 (2) (a) is amended to read:
AR3,6,7
2Assembly Rule 73 (2) (a) A motion to reconsider any decision, other than
3passage of or concurrence in a proposal, may only be entered after the question to
4which the motion relates has been decided and must be entered either: 1) before the
5relating clause of the next proposal is read by the clerk, the next order of business
6is announced by the presiding officer, or other business is begun; or 2) on the 7th order
7of business
on the 2nd legislative day thereafter
that next occurs on a roll call day.
AR3,13
8Section
13. Assembly rule 73 (3) (a) is amended to read:
AR3,6,17
9Assembly Rule 73 (3) (a) A motion for reconsideration of the vote by which a
10proposal is passed, adopted, concurred in, indefinitely postponed, rejected, or
11nonconcurred in may be entered: 1) before the relating clause of the next proposal
12is read by the clerk, the next order of business is announced by the presiding officer,
13or other business is begun; or 2) on the 7th order of business
on the next legislative
14day thereafter that next occurs on a roll call day. Any motion to reconsider such final
15action shall be taken up immediately if the roll call day on which it is entered is
16already the next actual day following the vote constituting final action on the
17proposal.