(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.
57. Presiding officer to name first speaker.
When any 2 or more members rise at the same time, the presiding officer shall name the person who is to speak first.
58. Member out of order.
A member called to order shall sit down, and may not speak, except in explanation, until it is determined whether or not the member was in order.
59. How members may speak.
Members may not speak except from their assigned places, and not more than twice on a question, except on leave of the senate. If a question pending is lost by adjournment and revived on the succeeding roll call day, a member who spoke twice on the preceding roll call day may not again speak without leave of the senate.
60. Personal privilege.
Members may rise to explain matters personal to themselves by leave of the presiding officer, but may not discuss pending questions in the explanations. Questions of personal privilege are limited to questions affecting the rights, reputation, and conduct of the members in their representative capacities. A member's right to speak on a point of personal privilege has precedence over all other questions except a motion to adjourn or a motion to raise a call.
61. Special privilege.
Any member desiring to make a personal explanation on a matter other than one of personal privilege may rise and, by leave of the presiding officer, and within such limitation of time as the presiding officer or senate may determine, discuss any subject relative to state or local government, public welfare, conduct of public officials in relation to their official duties, and matters pertaining to the rights of the senate collectively, and its safety and dignity, and the integrity of its proceedings. A member may not be granted the right to speak on a point of special privilege while any matter is pending or under discussion before the senate.
62. Stating motions.
When a motion is made, the presiding officer shall state it or the chief clerk shall read it prior to debate. If a member requires it, all motions, except to adjourn, postpone, or refer, shall be reduced to writing. Except as provided in rule 67
, any motion may be withdrawn by consent of the majority of those present.
63. Motions in order during debate.
When a question is under debate, a motion may not be received except:
(a) To adjourn (not debatable or amendable, member must have floor to make motion, see
(b) To adjourn to a fixed time (not debatable; amendable only as to time, see
(c) To raise a call (not debatable or amendable, carried by majority vote of the members present, see
and 85 (5)
(d) Personal privilege (not debatable, subject to time limit imposed by the presiding officer, see
(e) To recess (debatable only as to length of recess, see
(f) To lay on table (not debatable, returns matter to committee on senate organization, see
(g) For the previous question (not debatable but amendable to establish time limit for debate, see
(h) For the current question (not debatable but amendable to establish time limit for debate, see
(i) To postpone to a day certain (debatable, may not be renewed on same day unless matter has advanced to subsequent stage or has been changed by amendment, see
(j) To refer to a standing committee (debatable, in order at any time before passage, see
(k) To refer to a special committee (debatable, in order at any time before passage, see
(m) To postpone indefinitely, to reject or to nonconcur, as applicable (debatable, takes precedence over corresponding motion to approve,
(n) To amend (debatable, must be germane, see
(2) These several motions have precedence in the order in which they are set forth in this rule.
64. Motion to adjourn always in order.
A motion to adjourn is always in order except when the senate is voting. However, a member may not move an adjournment when another member has the floor and 2 consecutive motions to adjourn are not in order unless other business intervenes. A motion to adjourn to a time certain or to recess has the same privilege as a motion to adjourn, but such motions have the order of precedence prescribed in rule 63
65. Laying on table.
A motion to lay on the table has only the effect of disposing of the matter temporarily and it may be taken from the table at any time by order of the majority of those present.
(2) If a proposal is tabled on a certain day and is not removed from the table on that day, the proposal is returned to the committee on senate organization.
66. Motion to postpone.
A motion to postpone to a day certain, to refer, or to postpone indefinitely, having failed, may not be again allowed on the same day unless the matter has been altered by amendment or advanced to a subsequent stage. A 2nd motion to reject an amendment is subject to this rule and may not be twice allowed on the same day unless the amendment was altered by amendment.
67. Motion to reconsider.
A motion to reconsider a question may be made by a member having the floor who voted with the majority, or whose position recorded under rule 75
agreed with the majority. In the case of a voice vote or tie vote, the motion for reconsideration may be offered by a member not recorded absent on the question that is moved to be reconsidered. The motion for reconsideration is subject to all rules governing debate that apply to the question moved to reconsider.
(2) On questions requiring by the constitution, statutes, rules, or otherwise, a specified number of affirmative votes, the prevailing side is the majority, but such minimum affirmative requirement does not apply to the question of reconsideration.
(3) The motion for reconsideration shall be made on the same or the next succeeding roll call day and it shall be received under any order of business.
(4) A motion to reconsider shall be put immediately after pending business of higher precedence is disposed of unless it is laid over to a future time by a majority vote. A motion for reconsideration may be laid on the table without debate.
(5) After the time for receiving the motion has expired, a pending motion for reconsideration may not be challenged on the ground that the member making the motion did not vote with the majority.
(6) A motion for reconsideration, when made on the same day as the action that is moved to be reconsidered, and not acted upon due to adjournment, other than adjournment under call on the question, expires with adjournment, but if made on the following day is not lost by adjournment. A motion to reconsider amendments to a proposal is in order notwithstanding the proposal's advancement to a 3rd reading and a motion to reconsider the advancement is in order notwithstanding the suspension of the rules to take final action if the motions for reconsideration are otherwise timely and in order. Reconsideration of amendments under this rule has the same priority as to order of action as to amend under rule 63
(7) Whenever a proposal is returned from the assembly, the governor, or elsewhere for further action pursuant to the senate's request for the return, motions for reconsideration necessarily incident to opening the proposal for further action shall be admitted regardless of the time limitation otherwise imposed by this rule. Action on executive vetoes or appointments or any motion to suspend the rules is not subject to a motion for reconsideration.
(8) A motion for reconsideration, once entered, may only be withdrawn by the member making the motion, and only within the time when the motion by another member would still be timely; later only by consent of or action by the senate.
(9) The motion for reconsideration having been put and lost may not be renewed but, if carried, subsequent motions for reconsideration of the same action are in order.
68. Questions to be decided without debate and not placed on table.
A motion to adjourn, to adjourn to a fixed time, to take a recess, to lay on the table, to take from the table, to place a call, to raise a call, to grant a leave, to suspend the rules, or to reconsider a nondebatable question or a call for the current or previous question, are decided without debate and may not be placed on the table. All incidental questions of order arising after a motion is made for any of the questions named in this rule, and pending the motion, is decided, whether on appeal or otherwise, without debate.
69. Privileged motion or resolution.
Except as provided in rule 90
, a motion or resolution relating to the organization or proceedings of the senate, or to any of its officers, members, or committees, is privileged in that it need not lie over for consideration, but may be taken up immediately unless referred to the calendar or committee.
Any such resolution shall be read at length unless copies of the full text of the resolution have been distributed to the members.
70. Division of question.
A member may call for the division of a question, which shall be divided if it consists of propositions in substance so distinct that, one being taken away, a substantive proposition remains for the decision of the senate. A motion to delete and substitute is indivisible, but a motion to delete being lost does not preclude an amendment or a motion to delete and substitute. Division of action directly upon the substance of a proposal, as to pass, advance to a 3rd reading, indefinitely postpone, or any equivalent, which division may be accomplished by an amendment, are not permitted under this rule.
(2) A bill vetoed in its entirety by the governor may not be divided. When a bill has been vetoed in part and the senate considers a specific item for passage notwithstanding the objections of the governor, any member may request that the item be divided. The item may be divided on request by a member if:
(a) The request proposes to so divide the item that each separate proposition, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original item.
(b) It is the opinion of the presiding officer that the item involves distinct and independent propositions capable of division and that the division will not be unduly complex.
(3) When a bill has been vetoed in part the committee on senate organization may, by a resolution offered under rule 17 (2)
, propose to schedule a specific part as a special order. When appropriate, the resolution may divide the part into one or more independent propositions and dependent propositions. The proposed division must include at least one separate proposition that, if passed notwithstanding the objections of the governor, will result in a complete and workable law regardless of the action taken on any other part of the original part. The presiding officer shall first put the question on the independent proposition. The question on any proposition dependent thereon may be put only if the independent proposition has been passed notwithstanding the objections of the governor.
71. Putting question.
All questions may be put in this form: “Those who are of the opinion that the bill pass, be concurred in, etc., (as the case may be) say, `Aye'. Those of contrary opinion say, `No';" or other appropriate words may be used.
72. Ayes and noes.
The ayes and noes may be ordered by the presiding officer for any vote and shall be ordered when demanded by one-sixth of the members present. The chief clerk shall record the votes taken by ayes and noes, report the result, and enter the report in the journal together with the names of those absent or not voting.
(2) Members shall remain in their seats and may not be disturbed by any other person while the ayes and noes are being called.
(3) A request for a roll call is not in order after the result of the vote has been announced.
73. Every member to vote.
All members present when a question is put shall vote as their names are called. For a special cause the senate may excuse a member from voting, but it is not in order for a member to be excused after the senate has commenced voting.
(2) When the vote is by ayes and noes, a member entering the chamber after the question is put and before it is decided may have the question stated and vote, with the vote being counted in the outcome.
73m. Missed roll calls.
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 all of the following apply:
(a) The request does not interrupt another roll call.
(b) The request is made no later than the start of the 2nd succeeding roll call.
(c) The member's vote, if included, will not change the result of the roll call.
(2) If sub. (1)
precludes a member from making a request or if the request is objected to, the member may request unanimous consent to have the journal reflect how the member would have voted had he or she been in his or her seat when the roll call was taken. A member may not interrupt a roll call to make a request under this subsection.
74. Explanation of vote not allowed.
Explanation by a member of his or her vote, at the time of the calling of the member's name, is not allowed.
75. Recording position of absent member.
Any member absent from all or part of a day's session by leave of the senate under rule 16
or pursuant to rule 13
may, within one week after returning, instruct the chief clerk in writing to have the journal show that had the member been present when a certain vote was taken the member would on that issue have voted aye or have voted no. If the member returns before the vote is taken, the statement of position is void and the member shall cast his or her vote as required under rule 73
76. Scheduling time limits for debate.
Time limits and schedules for debate may be designated in the manner described in sub. (2)
. The time limits may be rejected or modified by majority vote of the members present, but this question is not debatable. The schedules and time limits shall be announced by the presiding officer immediately upon being presented. Promptly at the expiration of the time allotted, the presiding officer shall put the question.
(2) Time limits and schedules for debate may be designated under sub. (1)
by any of the following means:
(a) By the committee on senate organization.