LRB-0198/1
RAC:amn&cjs
2023 - 2024 LEGISLATURE
April 17, 2023 - Introduced by Senator LeMahieu. Referred to Committee on
Senate Organization.
SR2,1,6
1To renumber and amend senate rule 8 (4);
to amend senate rule 4 (8), senate rule
211 (6), senate rule 18 (1b), senate rule 25 (1) (c), senate rule 25 (4) (b), senate
3rule 28, senate rule 33 (2), senate rule 34 (1), senate rule 35, senate rule 36 (2)
4(a), senate rule 36 (2) (c), senate rule 41 (1) (a), senate rule 41 (1) (b), senate rule
547 (5) and senate rule 98 (4); and
to create senate rule 8 (4) (b) and senate rule
618 (1f);
relating to: the senate rules.
Analysis by the Legislative Reference Bureau
This resolution makes the following changes to the senate rules:
Receipt of messages
Current senate rules require the president or presiding officer to receive
messages from the other branches of government and announce them to the senate.
The resolution clarifies that the president or presiding officer must also receive
messages from the assembly and may announce all messages to the senate.
Consumption of beverages on senate floor
Current senate rules prohibit the consumption of beverages within the senate
chamber. The resolution eliminates this prohibition, but provides that the presiding
officer, at any time, may prohibit or restrict beverage consumption to preserve
decorum. For the purpose of consuming beverages within the senate chamber, the
resolution requires the presiding officer to designate appropriate beverage
containers and places at or on which the containers may be placed or stored. In no
instance may a beverage container be placed or stored on the top of a member's desk
in the senate chamber.
Access to the senate floor
Current senate rules provide that only certain individuals may be admitted to
the senate floor and that all other individuals must specifically be invited on the
senate floor by the Committee on Senate Organization. The resolution authorizes
the presiding officer also to invite other individuals on the senate floor.
Consideration of assembly companion proposals
Current senate rules require that an assembly proposal initially received for
consideration of the senate must be referred. The resolution provides that an
assembly proposal initially received for consideration of the senate that is a
companion proposal to a senate proposal that is on that day's calendar, as determined
by the presiding officer, shall be taken up immediately unless referred by the
presiding officer to a standing committee.
Availability of unintroduced legislation at committee meetings
Current senate rules require that if unintroduced legislation will be considered
at a committee meeting, copies of the unintroduced legislation must be available at
the senate chief clerk's office. The resolution clarifies that this requirement applies
only to unintroduced bills, joint resolutions, and resolutions and not to unintroduced
amendments.
Minority reports
Current senate rules provide that a committee member who objects to a
committee report may file a minority report on the same or next legislative day that
the committee report is filed. The resolution provides instead that a committee
member who objects to a committee report must first notify the committee
chairperson that he or she intends to file a minority report. The minority report must
then be filed with the committee chairperson no later than the second business day
after the committee's vote to adopt the committee report.
Proposals to be on file
Current senate rules provide generally that bills and joint resolutions, after
introduction, must lay over for 24 hours before being considered. The resolution
clarifies that this layover requirement applies only to senate actions on passage,
adoption, or concurrence.
Consideration of amendments
The resolution provides specifically that reports of conference committees are
not amendable. This conforms the senate rules to the joint rules.
Technical changes
The resolution makes a number of technical changes for purposes of clarity and
consistency.
SR2,2,1
1Resolved by the
senate, That:
SR2,1
1Section
1. Senate rule 4 (8) is amended to read:
SR2,3,4
2Senate Rule 4 (8) Receive messages and other communications from
the
3assembly and from other branches of the government, and
may announce them to the
4senate.
SR2,2
5Section
2. Senate rule 8 (4) is renumbered senate rule 8 (4) (a) and amended
6to read:
SR2,3,10
7Senate Rule 8 (4) (a) A member or other person may not, within the senate
8chamber, read newspapers, periodicals, magazines, books, or similar materials,
9unless the publication is relevant to the debate on the senate floor; consume food
,
10beverages, or tobacco products; or take photographs or make any video recording.
SR2,3
11Section
3. Senate rule 8 (4) (b) is created to read:
SR2,3,18
12Senate Rule 8 (4) (b) A member or other person may consume beverages within
13the senate chamber; however, at any time, the presiding officer may prohibit or
14restrict beverage consumption to preserve decorum. For the purpose of consuming
15beverages within the senate chamber, the presiding officer shall designate
16appropriate beverage containers and places at or on which the containers may be
17placed or stored. In no instance may a beverage container be placed or stored on the
18top of a member's desk in the senate chamber.
SR2,4
19Section 4
. Senate rule 11 (6) is amended to read:
SR2,3,22
20Senate Rule 11 (6) Persons who are not specified in subs. (1) to (5) may be
21invited on the floor of the senate by the committee on senate organization
or the
22presiding officer.
SR2,5
23Section 5
. Senate rule 18 (1b) is amended to read:
SR2,4,3
24Senate Rule 18 (1b) Messages from the assembly or from the governor may be
25received and read, and any proposal referenced in the messages that is an assembly
1proposal initially received for consideration of the senate shall be referred
, except as
2provided in sub. (1f). Any other proposals referenced in the messages shall be taken
3up immediately unless referred by the presiding officer to a standing committee.
SR2,6
4Section
6. Senate rule 18 (1f) is created to read:
SR2,4,8
5Senate Rule 18 (1f) An assembly proposal initially received for consideration
6of the senate that is a companion proposal to a senate proposal that is on that day's
7calendar, as determined by the presiding officer, shall be taken up immediately
8unless referred by the presiding officer to a standing committee.
SR2,7
9Section 7
. Senate rule 25 (1) (c) is amended to read:
SR2,4,22
10Senate Rule 25 (1) (c) The public notice under par. (b) shall be posted on the
11bulletin board of each house. The notice shall indicate the day, hour, and place of the
12meeting and the number, author, and relating clause of each proposal to be
13considered. If
an unintroduced
legislation proposal will be considered at the
14meeting, the notice shall indicate the draft number assigned to the
legislation 15proposal by the legislative reference bureau and the relating clause of the
legislation 16proposal, and shall indicate that copies of the draft
legislation proposal are available
17at the chief clerk's office. The chairperson shall provide a copy of the draft
legislation 18proposal to the chief clerk before publishing the notice. The chief clerk shall
19distribute make available copies of the draft
legislation proposal to any person who
20requests such copies. Whenever a scheduled meeting is canceled, the chairperson
21shall immediately notify the chief clerk and post cancellation notices on the bulletin
22boards of each house.
SR2,8
23Section 8
. Senate rule 25 (4) (b) is amended to read:
SR2,5,10
24Senate Rule 25 (4) (b) If a chairperson of a committee elects to vote by ballot
25under par. (am), public notice shall be posted on the bulletin board of each house prior
1to the circulation of the ballot as provided under sub. (1) (b) and (d). The notice shall
2indicate the day and hour when the ballot will be circulated and the number, author,
3and relating clause of each proposal to be considered. If
an unintroduced
legislation 4proposal will be considered, the notice shall indicate the draft number assigned to
5the
legislation proposal by the legislative reference bureau and the relating clause
6of the
legislation proposal, and shall indicate that copies of the draft
legislation 7proposal are available at the chief clerk's office. The chairperson shall provide a copy
8of the draft
legislation proposal to the chief clerk before posting the notice. The chief
9clerk shall make available a copy of the draft
legislation proposal to any person who
10requests a copy.
SR2,9
11Section 9
. Senate rule 28 is amended to read:
SR2,5,19
12Senate Rule 28.
Minority reports. Any member
or members dissenting from
13a report of a committee may
make, at the time of the committee's final vote on the
14matter, notify the chairperson of his or her intent to file a
separate minority report
15stating the reasons and conclusions
; and all reports
. A minority report must be filed
16with the committee chairperson no later than the 2nd business day after the
17committee's vote. A minority report, if decorous in language and respectful to the
18senate, shall be entered at length on the journal.
Any minority report must be filed
19on the same or the next legislative day as the majority report or recommendation.
SR2,10
20Section 10
. Senate rule 33 (2) is amended to read:
SR2,5,25
21Senate Rule 33 (2) A
senate proposal identical with one already rejected may
22not be introduced or offered. However, an assembly bill or joint resolution that is
23identical to a senate bill or joint resolution previously rejected by the senate
or may
24be considered for concurrence and any bill repealing a former act of the same biennial
25session may be introduced or offered.
SR2,11
1Section
11. Senate rule 34 (1) is amended to read:
SR2,6,5
2Senate Rule 34 (1) All bills and joint resolutions, and all resolutions except
3those privileged for immediate consideration under rule 69, after introduction, must
4lay over at least 24 hours before being considered
for passage, adoption, or
5concurrence.
SR2,12
6Section 12
. Senate rule 35 is amended to read:
SR2,6,10
7Senate Rule 35.
Three separate readings. Every bill, and every joint
8resolution proposing an amendment to the constitution, must receive 3 separate
9readings by relating clause prior to its passage
or adoption except where otherwise
10provided, but may not receive 2 readings on the same day.
SR2,13
11Section 13
. Senate rule 36 (2) (a) is amended to read: