LRB-0175/2
RAC&CMH:kjf:jf
2015 - 2016 LEGISLATURE
January 13, 2015 - Introduced by Senators S. Fitzgerald, Lazich and Farrow.
SR2,1,6
1To amend senate rule 8 (4), senate rule 13, senate rule 17 (1) (intro.), senate rule 18
2(4), senate rule 25 (4) (am), senate rule 25 (4) (b), senate rule 46 (6) (c), senate
3rule 56m (2m), senate rule 65 (3), senate rule 73m (1) (b), senate rule 84, senate
4rule 85 (1), senate rule 93 (1d) and senate rule 93 (2);
to repeal and recreate
5senate rule 87; and
to create senate rule 11 (10), senate rule 20 (2) (d) and
6senate rule 56m (2r);
relating to: the senate rules.
Analysis by the Legislative Reference Bureau
This resolution makes the following changes to the senate rules:
Prohibiting senators from taking photographs or making any video
recording in the senate chamber
The resolution prohibits senators from taking photographs or making any video
recording in the senate chamber.
Admittance to senate chamber before and after floorperiod
The resolution provides that no person may be admitted to the senate chamber
immediately before convening and immediately after adjourning a floorperiod
without the permission of the presiding officer. Under the resolution, the presiding
officer must establish the time periods before the convening and after the adjourning
of a floorperiod when this provision applies. This provision, however, does not apply
to 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, as
well as state officers, all other 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.
Disturbances in senate chamber
Current senate rules permit the presiding officer to clear the senate floor,
gallery, or lobby of all persons except members and officers whenever a disturbance
occurs. The resolution provides that this power applies to the entire senate chamber.
Orders of business and opening prayer and pledge of allegiance
The resolution clarifies that the opening prayer and pledge of allegiance need
not precede the call of roll on a floor day.
Consideration of unfinished calendars
The resolution provides that unfinished calendars may be taken up at a time
designated by the Committee on Senate Organization. Currently, unless otherwise
ordered, these calendars are taken up after the ninth and before the tenth order of
business on the current floor day.
Specifying ranking minority member of committees
The resolution provides that, unless the member is the chairperson, the
first-appointed minority member of each standing committee is the ranking
minority member of that committee. Current senate rules are silent on identifying
the ranking minority member of committees.
Ballot voting in senate committees
Current senate rules permit committees to conduct an executive session on a
proposal, amendment, appointment, or proposed administrative rule by ballot. The
resolution allows a member to change his or her vote if the change does not affect the
outcome of the vote and if the proposal, amendment, appointment, or proposed
administrative rule has not been reported out of committee. In no case, however, may
a member change his or her vote later than 24 hours after the ballot is due as
provided in the executive session notice.
Public notice of ballot voting in senate committees
The resolution provides that if a chairperson of a committee elects to vote by
ballot, public notice must be posted on the bulletin board of each house prior to the
circulation of the ballot at least 24 hours before the commencement of the circulation
of the ballot, unless the Committee on Senate Organization determines that for good
cause such notice is impossible or impractical. But in no case may notice be provided
less than two hours in advance of a meeting. This provision, however, does not apply
to the Senate Committee on Organization for purposes of scheduling business before
the senate.
Motion for adverse and final disposition of assembly amendments to senate
bills
The resolution provides that nonconcurrence is the proper motion for adverse
and final disposition of assembly amendments to senate bills.
Points of order and consideration
The resolution clarifies that when a point of order concerns a proposal
or a
question currently pending on the proposal, taking the point of order under
advisement removes the proposal or the question currently pending on the proposal
from further consideration, including ordering the proposal to a third reading, until
the presiding officer announces the ruling on the point of order. The resolution also
applies this principle to amendments.
Removing proposals from the table
The resolution clarifies that a motion to remove a proposal from the table, if
approved, has the effect of withdrawing the matter from the Committee on Senate
Organization and placing it on the calendar of the next legislative day. Current
senate rules do not specify which day's calendar.
Missed roll calls
Current senate rules provide that a member who does not vote during a roll call
on a proposal may request unanimous consent to have his or her vote included in that
roll after the roll is closed, if the request does not interrupt another roll call; the
request is made no later than immediately following the close of the next occurring
roll call; and the member's vote, if included, will not change the result of the roll call.
The resolution changes the timing of the request to no later than the start of the
second succeeding roll call.
Entering of names in the journal during a call of the senate
Current senate rules provide that during a call of the senate, the chief clerk
must immediately call the roll of the members, and note the absentees, whose names
are read, and entered upon the journal in such manner as to show who are absent
with leave and who are absent without leave. This resolution provides that the chief
clerk is to enter the names upon the journal only if directed by the presiding officer.
Transacting business while under a call of the senate
The resolution clarifies that while the senate is under call, business may not be
transacted with reference to the current question on which the call is made, but that
other matters may be taken up. In addition, the resolution clarifies that, during a
call of the senate, if the presiding officer determines that all members who were
absent without leave are present, the presiding officer may transact business on the
current question on which the call is made without lifting the call.
Matters that may be taken up during special, extended, and extraordinary
sessions
The resolution provides that any nominations for appointments may be taken
up during a special, extended, or extraordinary session.
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1Resolved by the senate, That:
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2Section
1. Senate rule 8 (4) is amended to read:
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1Senate Rule 8 (4) A member or other person may not, within the senate
2chamber, read newspapers, periodicals, magazines, books, or similar materials,
3unless the publication is relevant to the debate on the senate floor
, or; consume food,
4beverages, or tobacco products
; or take photographs or make any video recording.
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5Section
2. Senate rule 11 (10) is created to read:
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6Senate Rule 11 (10) Except for a person described in sub. (1) or (2), no person
7may be admitted to the senate chamber immediately before convening and
8immediately after adjourning a floorperiod without the permission of the presiding
9officer. The presiding officer shall establish the time periods before the convening
10and after the adjourning of a floorperiod when this subsection shall apply.
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11Section
3. Senate rule 13 is amended to read:
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12Senate Rule 13.
Disturbance in
lobby senate chamber. Whenever any
13disturbance or disorderly conduct occurs
on the senate floor or in the lobby or gallery 14in the senate chamber, the presiding officer may order
the same any part of the
15senate chamber cleared of all persons except members and officers.
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16Section
4. Senate rule 17 (1) (intro.) is amended to read:
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17Senate Rule 17 (1) (intro.)
Following The order of business in the senate,
18including any opening prayer and the pledge of allegiance,
the order of business in
19the senate is as follows:
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20Section
5. Senate rule 18 (4) is amended to read:
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21Senate Rule 18 (4) Unless otherwise ordered
at a time designated by the
22committee on senate organization, after completion of the 9th order of business of the
23current calendar day, and before consideration of the 10th and succeeding orders,
24unfinished calendars shall be taken up and completed.
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25Section
6. Senate rule 20 (2) (d) is created to read:
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1Senate Rule 20 (2) (d) Unless the member is the chairperson, the
2first-appointed minority member of each standing committee is the ranking
3minority member of that committee.
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4Section
7. Senate rule 25 (4) (am) is amended to read:
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5Senate Rule 25 (4) (am) A committee may not conduct an executive session on
6a proposal, amendment, appointment, or proposed administrative rule by ballot
7unless the proposal, amendment, appointment, or proposed administrative rule has
8lain over for at least 24 hours. The committee on senate organization may determine
9that for good cause such a layover is impossible or impractical. In no case, however,
10may a proposal, amendment, appointment, or proposed administrative rule be made
11available to the public less than 2 hours before a ballot is circulated. The ballots shall
12be in a form prescribed by the chief clerk.
A member may change his or her vote if
13the change will not affect the outcome of the vote and if the proposal, amendment,
14appointment, or proposed administrative rule has not been reported out of
15committee. In no case, however, may a member change his or her vote later than 24
16hours after the ballot is due as provided in the executive session notice.
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17Section
8. Senate rule 25 (4) (b) is amended to read:
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18Senate Rule 25 (4) (b) If a chairperson of a committee elects to vote by ballot
19under par. (am), public notice shall be posted on the bulletin board of each house prior
20to the circulation of the ballot
as provided under sub. (1) (b) and (d). The notice shall
21indicate the day and hour when the ballot will be circulated and the number, author,
22and relating clause of each proposal to be considered. If unintroduced legislation will
23be considered, the notice shall indicate the draft number assigned to the legislation
24by the legislative reference bureau and the relating clause of the legislation, and
25shall indicate that copies of the draft legislation are available at the chief clerk's
1office. The chairperson shall provide a copy of the draft legislation to the chief clerk
2before posting the notice. The chief clerk shall distribute copies of the draft
3legislation to any person who requests such copies.
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4Section
9. Senate rule 46 (6) (c) is amended to read:
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5Senate Rule 46 (6) (c) Nonconcurrence (assembly bills
and, assembly joint
6resolutions
, and assembly amendments to senate bills).