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Chapter 12: Miscellaneous
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A S S E M B L Y R U L E S
As last affected by 2017 Assembly Resolutions 2 and 3
(Adopted February 8, 2017)
ELECTION AND DUTIES OF OFFICERS
Assembly Rule 1. Assembly officers. As early as possible in each legislative biennium, the assembly shall elect from among its members, by roll call vote of a majority of those present, a speaker of the assembly and a speaker pro tempore, and from outside its membership a chief clerk and a sergeant at arms. Those officers shall serve for the legislative biennium unless separated by death, resignation, or removal by a majority of the current membership of the assembly. A midterm vacancy in any of those offices shall be filled by an election scheduled by the speaker as a special order of business.
Assembly Rule 2. Party Officers; election, duties. ar2(1)(1)
The majority and minority parties in the assembly shall elect the officers shown in sub. (2), and may select any other officers desired. Party officers shall hold office for the legislative biennium unless separated by death, resignation, or removal from office by a majority of the current membership of the appropriate party caucus. They shall perform the duties assigned to them by their respective caucuses, by legislative rule, and by law.
(2) Each party caucus shall elect a floor leader, an assistant floor leader, and a caucus chairperson to be known, respectively, as the majority leader, the assistant majority leader, the majority caucus chairperson, the minority leader, the assistant minority leader, and the minority caucus chairperson. In the temporary absence of the majority leader or minority leader, the respective assistant leader shall carry out the duties assigned to that leader until the return of the leader. If the majority leader or minority leader is separated by death, resignation, or removal from office, the respective assistant leader shall carry out the duties assigned to that leader until a leader is elected.
(3) On the day a new legislature is convened under section 13.02 (1) of the statutes, the chairperson of each party caucus shall notify the chief clerk of the offices established by his or her party caucus and the incumbents therein, and thereafter shall notify the chief clerk of any change in the offices or incumbents. Each notification shall be entered in the journal.
(4) The division of seats in the chamber among majority and minority party members shall be determined by the speaker in consultation with the 2 caucuses. Disputed seating assignments shall be decided by the floor leader of the appropriate caucus.
Assembly Rule 3. Duties of the speaker; speaker pro tempore. ar3(1)(1)
The speaker shall:
(i) Authenticate by personal signature, when required, acts, orders, and proceedings of the assembly.
(j) Appoint members to all legislative committees or other bodies as required by law, legislative rule, or other directive.
(k) In general, represent and stand for the assembly, declaring its will and obeying its commands concerning the discharge of the speaker's assigned duties.
(L) Supervise all other officers of the assembly, each being subordinate to the speaker in the discharge of his or her assigned duties.
(m) Certify under section 13.08 of the statutes, with the countersignature of the chief clerk, the names of all qualified members of the assembly and the number of miles of travel for which each member is entitled to compensation.
(n) Authorize expenditures to procure appropriate floral pieces or similar memorials for deceased or ill members of the legislature, state officers, or other persons who have been identified with the legislative process.
(o) Issue subpoenas, with the countersignature of the chief clerk, for the attendance of witnesses before any assembly committee, and issue summary process for the arrest of any witness disobeying the mandate of the subpoena.
(p) Administer, when required, the oaths of office to members and officers of the assembly.
(q) Determine office assignments for members.
(r) Refer every notice and report concerning a proposed administrative rule received by him or her under section 227.19 of the statutes to the appropriate standing committee of the assembly within 10 working days following receipt, and notify that committee whenever the speaker is informed that a proposed rule or portion thereof is being withdrawn. The speaker shall refer any report received from a standing committee that objects to a proposed rule or portion thereof to the joint committee for review of administrative rules.
(s) Perform any other duties assigned to the office of speaker by law, legislative rule, directive of the assembly, or custom.
(2) In the temporary absence of the speaker, the speaker pro tempore may exercise all of the powers and shall carry out all of the duties of the speaker until the return of the speaker. If the speaker is separated by death, resignation, or removal from office, the speaker pro tempore may exercise all of the powers and shall carry out all of the duties of the speaker until a speaker is elected.
Assembly Rule 3m.
Presiding officer. ar3m(1)(1)
The presiding officer shall:
(a) Open each daily session, at the time set for convening, by taking the chair to preside over the assembly and calling the members to order.
(b) Announce the business before the assembly in the order in which it is to be acted upon.
(c) Put to a vote all motions and questions that properly arise in the course of proceedings and announce the results.
(d) Order a roll call vote when such a vote is required by the constitution, by law, or by legislative rule.
(e) Restrain the members within the rules while they are engaged in debate.
(f) Maintain order, decorum, and quiet among members and visitors in and about the chamber during sessions and have offending persons removed and the galleries cleared when necessary to do so.
(g) Rule on any point of order and inform the members on parliamentary procedure.
(h) Receive communications from other branches of government and, when required, direct that they be read to the assembly or entered in the journal.
Assembly Rule 4. Other presiding officers. ar4(1)(1)
In the temporary absence of both the speaker and the speaker pro tempore, the majority leader or his or her designee shall preside. In the temporary absence of the speaker, the speaker pro tempore, and the majority leader, the assistant majority leader or his or her designee shall preside. In the temporary absence of the speaker, the speaker pro tempore, the majority leader, and the assistant majority leader, the majority caucus chairperson or his or her designee shall preside.
(2) In the temporary absence of all of these officers and members, one of the members shall be elected to preside temporarily until the return of the speaker, the speaker pro tempore, the majority leader, the assistant majority leader, or the majority caucus chairperson.
(3) The presiding officer may place any member in the chair, but the substitution does not extend beyond an adjournment.
Assembly Rule 5. Chief clerk's duties. ar5(1)(1)
The assembly chief clerk shall:
(a) Open the biennial session of the assembly following the one to which the chief clerk was elected. If the chief clerk is unavailable, the chief of the legislative reference bureau shall preside for the opening of the session.
(b) Supervise the preparation and keeping of the daily journal, daily calendars, bulletins of proceedings, and schedule of committee activities.
(bm) Supervise the provision of calendars to the members.
(c) Supervise the official recording of all assembly actions and the making of all required entries in the history file for proposals.
(d) During or after each daily session, notify the legislative reference bureau of any proposal introduced or offered on that day, or of any substitute amendment or amendment offered on that day.
(e) Supervise the engrossing and enrolling of any proposal as directed by the speaker or the committee on assembly organization.
(f) Any assembly proposal ordered engrossed and read a 3rd time shall be reviewed by the chief clerk with regard to incorporating amendments that have been adopted. When a proposal has been correctly engrossed, it shall be submitted to the assembly for a 3rd reading. If the proposal is to be reproduced in engrossed form, the work shall be performed by the legislative reference bureau under joint rule 63. ar5(1)(g)
(g) After a bill, or a joint resolution requiring enrolling, has passed, or is adopted by, the assembly and been concurred in by the senate, or after an assembly joint resolution requiring enrolling has been adopted, the chief clerk shall promptly deliver the proposal to the legislative reference bureau, which shall promptly enroll it, prepare the requisite number of copies, and return the proposal and enrolled copies to the clerk. When the enrolling of a proposal has been completed, the chief clerk shall notify the assembly by entering a report of the enrollment in the journal.
(h) Maintain custody of official assembly records and documents and report any missing record or document to the speaker.
(i) Arrange for the opening prayer at any daily session.
(j) Countersign with the speaker documents that, by law or rule, require the personal signature of the chief clerk.
(k) Make all required reports regarding appointments of members of the assembly.
(L) Certify the proper compensation and allowance due to each member and the chief clerk.
(m) Certify the names of all persons employed and the capacity in which employed and, with the approval of the speaker, the proper compensation due each such employee.
(n) Deposit with the secretary of state's office any assembly joint resolution that has been enrolled.
(o) Present to the governor for action all assembly bills that have passed both houses of the legislature, been enrolled, and signed by the proper officers.
(p) Deposit with the secretary of state's office, at the close of each biennial session and at the close of each special session, the full record of assembly action on all proposals together with other important documents in the possession of the assembly.
(q) Certify to the secretary of state any assembly bill or portion thereof which has passed the legislature notwithstanding the objections of the governor.
(r) Supervise the preparation of the journal of the assembly and deposit it as required by legislative rule or by law.
(s) Supervise the keeping of records concerning retirement contributions, social security, insurance, allowances, and related matters and certify the same to the appropriate department.
(t) Implement and maintain a sound personnel management program for the assembly.
(u) File one copy of each report of a standing committee concerning a proposed administrative rule under rule 20 with the head of the agency proposing the rule, the chief clerk of the senate, and the cochairpersons of the joint committee for review of administrative rules.
(v) Perform, under the supervision of the speaker, all additional duties or services assigned to the office of chief clerk by law, legislative rule, directive of the assembly, or custom.
(2) The chief clerk may delegate specific portions of the work assigned to the chief clerk or to the clerk's office to appropriate staff, but shall supervise and remain responsible for its execution.
(3) The chief clerk shall designate an employee assigned to the clerk's office as assistant chief clerk to direct the duties of that office in the temporary absence of the chief clerk until the return of the chief clerk. If the chief clerk is separated by death, resignation, or removal from office, the assistant chief clerk may exercise all of the powers and shall carry out all of the duties of chief clerk until a chief clerk is elected.
(4) 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 3m, except that during any session convened under this subsection the chief clerk may not perform any duty related to the enactment of legislation or the adoption of a resolution.
Assembly Rule 6. Sergeant at arms' duties. ar6(1)(1)
The assembly sergeant at arms shall:
(a) Execute any directive of the assembly or its presiding officer and perform all duties assigned to the sergeant at arms in connection with the maintenance of order in the assembly.
(b) Supervise the coming and going of all persons to and from the assembly chamber.
(c) Supervise the provision of all legislative documents, except calendars, to the members.
(d) Ensure that the chamber is properly ventilated and is open for the use of the members from one hour preceding any session until one hour after adjournment or as otherwise directed by the speaker.
(e) Supervise the employees assigned to the office of the sergeant at arms.
(f) Certify the names and titles of all persons employed through the office of the sergeant at arms and, with the approval of the speaker, the proper compensation due the sergeant at arms and each such employee.
(g) Maintain order and quiet in and about the chamber, remove disorderly persons or clear the galleries or other areas of the chamber when directed to do so by the presiding officer, and carry out any other instructions of the presiding officer in relation to any disturbance that may occur in or near the chamber.
(h) Carry out the instructions of the presiding officer in compelling the attendance of absent members.