36. First reading; reference to committee.
On the first reading, every bill requiring 3 readings under rule 35
and all resolutions not privileged by rule 69
shall be referred to the appropriate committee. The president shall determine the appropriate committee under rule 46
and the referral shall be printed in the journal under the proper order of business. This rule applies to proposals originating in either house.
(a) Whenever a senate proposal or petition is introduced or offered and referred or an assembly proposal is received and referred, the referral by the president constitutes the proposal's first reading.
(b) Whenever a senate proposal or petition is introduced or offered and referred or an assembly proposal is received and referred on a day on which the senate does not meet, the chief clerk's act of recording the proposal in the journal constitutes the proposal's first reading.
Except as provided in pars. (c)
, all bills introduced in the senate which by statute require reference in the senate to a particular committee shall be so referred upon first reading and all assembly bills when received from the assembly shall be so referred upon first reading except where the assembly record on the bill discloses that the statutory requirement has been satisfied by reference to the committee in the assembly.
(b) Only one such reference is required under this rule and the adoption of an amendment does not require rereference, but rereference may be ordered by the senate at any time before passage or concurrence or as provided under rules 41 (1) (e)
and 46 (2) (c)
(c) Notwithstanding par. (a)
, the president may refer a bill that pertains only incidentally to a matter of concern to a joint survey committee directly to the committee appropriate to the major substance of that bill, and in that case shall direct the appropriate joint survey committee to prepare its report on the bill while that bill is in the possession of the other committee. This rule does not suspend the requirement that the report of the appropriate joint survey committee must be received before the bill is given its 2nd reading.
(2m) Bills referred to a statutory joint survey committee shall, upon report by that committee, be referred by the president to the appropriate standing committee of the senate.
(3) Whenever a proposal or other matter is referred to a special committee and the special committee makes its report thereon, the referral and report have the same effect as a reference to and a report by a standing committee.
37. Second reading; ordering to a 3rd reading.
Before a bill, or a joint resolution proposing an amendment to the constitution, is amended or ordered to a 3rd reading it shall be read a 2nd time by relating clause.
(2) All amendments to a proposal shall be retained in the original jacket for the proposal.
(3) Amendments to a substitute amendment already adopted are in order before the bill or resolution is ordered engrossed and read a 3rd time without reconsideration of the adoption of the substitute amendment.
(4) Any proposal ordered to a 3rd reading is considered engrossed.
38. Third reading; question.
Upon the 3rd reading of the bill the question is: “This bill having been read 3 separate times, the question is, “Shall the bill pass' or “Shall the bill be concurred in'," as the case may be, or other appropriate language may be used. A proposal on the calendar for 3rd reading is not subject to amendment but it may, on motion or by unanimous consent, be referred back to 2nd reading for the consideration of proposed amendments. The motion requires a majority vote and is debatable.
(2) The position of a proposal on the calendar for 3rd reading is subject to removal from that position if the removal is necessitated by a motion for reconsideration that is pending or decided under rule 67
, but if the motion is negatively decided before the proposal is reached for consideration under that order, the position of the proposal under the order remains unchanged.
(3) A 3rd reading shall be by relating clause.
39. Minimum special quorum.
On the question on proposals ready for a 3rd reading in cases where a minimum special quorum is required by constitution, statutes, rules, or otherwise, and when there are permanent vacancies in the senate, the membership presently serving is the basis for determining such minimum special quorum.
40. Proposal amended on 3rd reading to be reengrossed.
If a senate proposal ordered engrossed and read a 3rd time is amended or otherwise changed it shall be considered reengrossed before the 3rd reading. Any senate proposal that passed the senate with amendments shall be engrossed under the supervision of the chief clerk before being messaged to the assembly. However, if the amendment is an unamended substitute amendment, the original substitute amendment is the bill.
41. Rereference in order; withdrawing from committee.
A proposal or other matter may be rereferred at any time prior to its passage, except that a motion to withdraw from committee may not take effect during the 7 days preceding any scheduled committee meeting or the 7 days following the date on which a committee meeting is held.
(b) A motion to withdraw and rerefer or to withdraw is in order, except that if the senate has once refused to withdraw and rerefer or to withdraw a proposal or other matter from committee, any subsequent motion to withdraw and rerefer or to withdraw requires a suspension of the rules.
(c) A motion to withdraw a matter from the committee on senate organization, if approved, places the matter on the next succeeding calendar established by the committee on senate organization under rule 18 (1)
. A motion to withdraw a matter from any other committee, if approved, places the matter in the committee on senate organization unless the senate rerefers the matter to a different committee.
(d) Whenever a bill is introduced in the senate or assembly under section 227.19 (5) (e)
or 227.26 (2) (f)
of the statutes, the bill is considered reported without recommendation and shall be placed before the committee on senate organization if a report is not received from the standing committee within 30 days after the date of referral. This paragraph does not apply if the bill is introduced within 30 days after the time at which further proposals may not be introduced or offered in the biennial session under joint rule 83 (2)
(e) If the committee on senate organization receives a standing committee's report on a proposal that by statute requires review by the joint committee on finance before being passed, the committee on senate organization may rerefer that proposal to the joint committee on finance. The chief clerk shall promptly record the rereferral in the journal. The committee on senate organization may, with the consent of the senate cochairperson of the joint committee on finance, withdraw a proposal from the joint committee on finance and make the proposal available for scheduling. Withdrawal under this rule satisfies section 13.093 (1)
of the statutes.
(2) Reference to committee is not in order after a proposal is passed or indefinitely postponed or finally disposed of by any action equivalent thereto. Questions of reconsideration, concurrence in amendments of the assembly, conference committee reports, or executive vetoes may be placed on the table, but may not be referred to committee.
(3) The legislative council is not a legislative committee within the meaning of this rule and reference of proposals thereto for recommendation as in the case of standing or special committees is not in order.
42. Messaging to the assembly; proposals held during reconsideration period.
Every bill or joint resolution upon which such action has been taken that it is next to be messaged to the assembly shall be so messaged by the chief clerk, but shall be held in the chief clerk's office until the time for reconsideration of the bill or joint resolution has expired. If the rules have been suspended for immediate messaging, the chief clerk shall enter the action in the history file for the bill or joint resolution. Every privileged joint resolution is messaged immediately without a suspension of the rules unless it is otherwise ordered by the senate.
(2) A bill or joint resolution that has been ordered immediately messaged to the assembly by the suspension of this rule is subject to further action by the senate while the bill or joint resolution is in physical possession of the senate. The further action is contingent upon a motion to rescind the action of ordering its immediate messaging being decided by a two-thirds vote.
43. Enrolling bills and joint resolutions.
Promptly after a senate bill has passed both houses, and before it is presented to the governor for approval, the chief clerk shall deliver the jacket to the legislative reference bureau, which shall enroll the bill, prepare the requisite number of copies, and return the jacket and copies to the chief clerk, who shall record it correctly enrolled in the journal stating the day it was presented to the governor. As far as applicable, the same procedure shall be followed in the case of senate joint resolutions requiring enrolling.
44. Signing of documents.
The original of all enrolled acts and joint resolutions, all engrossed resolutions, and all writs, warrants, and subpoenas issued by order of the senate shall be signed by the president, and attested by the chief clerk.
44m. Presentation to the governor.
The chief clerk shall present all correctly enrolled bills to the governor as provided in the session schedule unless any of the following occur:
(1) Upon motion of the senate, the chief clerk shall present a correctly enrolled bill to the governor as provided in the motion.
(2) Upon directive of the majority leader, unless otherwise provided by the session schedule or motion of the senate, the chief clerk shall present a correctly enrolled bill to the governor as provided in the directive.
(3) Upon the call of the governor, unless otherwise provided by the session schedule, motion of the senate, or directive of the president, the chief clerk shall immediately present a correctly enrolled bill to the governor.
45. Offering of privileged resolution.
A resolution privileged by rule 69
shall, when sent to the clerk's desk, be read at length by the chief clerk, but may be read by its relating clause if copies of the text have been distributed to the members. When so read, the privileged resolution is before the senate.
46. Presentation, introduction, and offering of proposals and other matters.
Proposals, amendments, petitions, reports, communications, or other documents that may properly come before the senate shall be presented by a member thereof to the chief clerk, or a staff member designated by the chief clerk, at anytime, except as otherwise provided in senate rule 93 (1p)
and joint rule 83 (2)
. A brief statement of the contents thereof must appear thereon, together with the name of the members introducing or offering the same. The chief clerk shall number all proposals, amendments, and petitions.
The chief clerk shall advise the president of documents presented under sub. (1)
that must be referred under the rules and the president shall promptly refer the document to the appropriate committee. The chief clerk shall maintain the confidentiality of any proposal presented under sub. (1)
that is pending referral, except that, if requested by any person, the chief clerk shall inform the person of the status of a proposal pending referral under this paragraph. In addition, if requested by any person, the president shall inform the person of the status of a proposal pending referral under this paragraph.
(am) The president shall refer every notice and report concerning a proposed administrative rule received by the presiding officer under section 227.19
of the statutes to the appropriate standing committee of the senate within 10 working days following receipt and provide notice to that committee whenever the president is informed that a proposed rule is being withdrawn. The president shall refer any report received from a standing committee that objects to a proposed rule to the joint committee for review of administrative rules.
(b) Within 3 working days after the time of initial referral by the president under par. (am)
, a proposed rule may, with consent of the chairperson of the standing committee, be withdrawn from the standing committee to which it is referred and rereferred to another standing committee. Such action does not extend the standing committee review period. Rereferral may be made at any time.
(c) After the time of initial referral by the president under rule 36 (2)
, the president may, with the consent of the chairperson of the standing committee and the chairperson of the committee on senate organization, withdraw a proposal or appointment from the standing committee to which it is referred and rerefer it to another standing committee. Rereferral under this rule may be made at any time, but may not be used to satisfy section 13.093 (1)
of the statutes.
(3) The chief clerk shall promptly record in the journal the date on which each proposal, substitute amendment, and amendment is introduced or offered. The date of introduction or offering is as follows:
(a) For a bill, when it is referred under sub. (2) (a)
(b) For a joint resolution or resolution, other than a resolution that is privileged under rule 69
, when it is referred under sub. (2) (a)
(c) For a resolution that is privileged under rule 69
, when it is presented to the chief clerk under sub. (1)
(d) For a substitute amendment or amendment, other than one introduced by committee, when the substitute amendment or amendment is presented to the chief clerk under sub. (1)
(e) For a substitute amendment or amendment introduced by committee, when the committee report under rule 27 (1)
(4) Unless otherwise ordered, petitions shall be read by title only and referred to the appropriate committee.
(5) A proposed amendment that is offered must have a heading stating the number of the proposal that it is proposed to amend and the name of the member proposing the amendment. The chief clerk shall read the number of the amendment. The amendment shall be reproduced. The jacket copy of the amendment shall be placed in the jacket and copies shall be distributed as provided by the rules.
(6) Unless reconsidered under rule 67
, a proposal, or an amendment as it affects a proposal, is adversely and finally disposed of for the biennial session of the legislature by any of the following results:
(a) Indefinite postponement (senate bills).
(b) Rejection (senate amendments, senate resolutions, and senate joint resolutions).
(c) Nonconcurrence (assembly bills, assembly joint resolutions, and assembly amendments to senate bills).
(d) Failure to be ordered to a 3rd reading (senate bills and assembly bills).
(e) Failure of passage (senate bills).
(f) Failure of concurrence (assembly bills and assembly joint resolutions).
(g) Failure to pass notwithstanding the objections of the governor.
AMENDMENTS - FORM AND PROCEDURE
47. When amendments may be considered.
Consideration of simple amendments or of substitute amendments is in order only upon the second reading of the proposal and if in compliance with rule 34
(4) During consideration of amendments when both simple amendments and substitute amendments to a proposal are pending, the question, in ascending numerical order, is first upon amendments to the substitute amendment of the lowest number, and then upon that substitute amendment, unless the senate by majority vote of members present otherwise orders.
(5) Amendments are not in order upon consideration of an executive veto.
48. Reading of amendments.
The chief clerk shall read the full text of each amendment to the members, and the presiding officer shall state the number of each amendment, but amendments that have been distributed to the members may not be read at length.
49. Offering amendments.
Amendments shall be numbered in the order received, and shall bear the name of the member or the committee offering the same. Amendments shall be prepared in proper form by the legislative reference bureau, and the legislative reference bureau shall attach jacket cover sheets (stripes) to the amendments; except that when the proposal is debated on 2nd reading amendments may be offered from the floor. The chief clerk shall have amendments offered from the floor drawn in proper form as soon as possible and before the proposal is subsequently engrossed and delivered to a committee or to the assembly. This provision does not delay action upon an amendment offered from the floor.
50. Substitute amendments and amendments must be germane.
Every substitute amendment and amendment to a proposal must be germane to that proposal.