Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate where the members sit in session: the governor, the lieutenant governor, members of the legislature, members of the staff of the sergeant at arms, technical staff designated by the chief clerk, and designated members of the chief clerk's staff.
(2) Persons of the following classes, and no others, shall be admitted to that portion of the floor of the senate designated as the staff lobby while the senate is sitting in session: state officers, 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.
(3) However, none of those persons in subs. (1)
who are registered as lobbyists or engaged in defeating or promoting any pending legislation have the privilege of the floor of the senate.
(4) A former senator or other person who is directly or indirectly interested in defeating or promoting any pending legislation, whether registered as a lobbyist or not, does not have the privilege of the floor of the senate at any time.
(5) All accredited correspondents of the news media, who confine themselves to their professional duties, have the privilege of the floor of the senate, except that while the senate is sitting in session the privilege extends only to the press lobby.
(6) Persons who are not specified in subs. (1)
may be invited on the floor of the senate by the committee on senate organization or the presiding officer.
(7) No persons other than members of the chief clerk's staff, members of the staff of the sergeant at arms, members of a senator's staff, and accredited correspondents of the news media may engage in any audio or video recording of the proceedings of the senate or any committee without permission of the committee on senate organization.
(8) A person who provides technical services under a license agreement to broadcast senate proceedings may be invited on the floor of the senate by the presiding officer to perform those services.
(9) A person who delivers the opening prayer may be admitted by the presiding officer to the floor of the senate, but only for the purpose of delivering the opening prayer.
(10) Except for a person described in sub. (1)
, 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. The presiding officer shall establish the time periods before the convening and after the adjourning of a floorperiod when this subsection shall apply.
12. Privileges of senate to contestants for seats.
Contestants for seats have the privilege of the senate until their respective cases are disposed of. The privilege extends only so far as access to the chamber, during the time occupied in settling the contest.
13. Disturbance in senate chamber.
Whenever any disturbance or disorderly conduct occurs in the senate chamber, the presiding officer may order any part of the senate chamber cleared of all persons except members and officers.
13m. Conduct of individuals in the gallery.
Unless otherwise provided by the presiding officer, individuals in the gallery:
(1) Shall be quiet at all times.
(2) Shall be seated at all times.
(3) May not lean over or put any object over the balcony.
(4) May not display signs or other objects. If an individual brings a sign to the chamber, the sign shall be left in the gallery vestibule.
(5) May not read books or newspapers.
(6) May not consume food or beverages.
(7) May not use tobacco products.
(8) Shall silence and conceal all electronic devices.
(9) May not use a laptop or other computer.
(10) May not photograph or record any of the proceedings in the chamber.
13n. Imposing penalties on senators who are absent without leave.
A member of the senate who is absent from 2 or more session days without obtaining a leave of absence under rule 16
shall do all of the following:
(a) Forfeit to the senate $100 for each day that the member is absent without leave. Amounts under this paragraph shall be paid exclusively from the member's personal funds.
(b) Reimburse to the senate the actual costs incurred in compelling the attendance of the member. The chief clerk shall calculate the costs and submit the result to the president. Amounts under this paragraph shall be paid exclusively from the member's personal funds.
(a) The penalties and costs under sub. (1)
are imposed by a senate resolution that identifies the member who is absent without leave. A resolution under this paragraph is a privileged resolution and may be offered by any member of the senate at any time during the legislative session in which the absence without leave occurs.
(b) Publication of a senate calendar that includes the resolution serves as notice to the member who is absent without leave that the member is subject to the penalties and costs under sub. (1)
. The president may provide additional notice to the member who is absent without leave by requiring the sergeant at arms to deliver a copy of both the calendar and the resolution to the senate office of the member who is absent without leave.
(c) A member of the senate who is identified in a resolution under this subsection shall be given an opportunity to be heard on the resolution only on the session day on which the resolution is before the senate. If the member is absent on that day, the member waives his or her opportunity to be heard on the resolution.
(3) Collection and compulsion.
(a) If a member who owes the penalties and costs imposed under subs. (1)
has not paid those amounts in full within 30 days after the day on which a resolution under sub. (2)
is adopted, the chief clerk shall withhold any payments due to the member for per diem, travel expenses, or other matters, not including salary, in an amount equal to the unpaid penalties and costs.
(b) When a member of the senate is absent without leave from 2 or more session days, the senate majority leader, with the consent of the committee on senate organization, may do any of the following to compel the absent member to attend:
1. Direct the chief clerk to terminate the direct deposit of the absent member's paycheck and provide the paycheck to the majority leader for the absent member to pick up in person.
2. Direct the chief clerk to cease any and all expense reimbursements for the absent member that are paid out of the member's office expense account until a date specified or the end of the legislative biennium, whichever is earlier.
3. Direct the chief clerk to reduce or zero out the balance of the absent member's office expense account for the remainder of the legislative biennium.
4. Direct the sergeant at arms to revoke the parking privileges allocated to the absent member, and the member's staff, for the remainder of the legislative biennium.
13r. Admittance to senate spaces.
(1) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space may be removed from the senate space and not be allowed admittance to any senate spaces for a period of 24 hours.
(2) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space a 2nd time during a biennial legislative session may be removed from the senate space and not be allowed admittance to any senate spaces until the first roll call day of the next regularly scheduled floorperiod.
(3) Any individual who violates senate rules or policies or provisions in the senate policy manual in a senate space a 3rd time during a biennial legislative session may be removed from the senate space and not be allowed admittance to any senate spaces for the remainder of the biennial legislative session.
(4) Senate spaces shall specifically include the senate chamber, senate offices, senate hearing rooms, and any other space in the capitol that is traditionally reserved for the conduct of senate business.
(5) This section shall not be construed to prevent any senator from fulfilling his or her constitutional duties in any senate space.
ORDER OF BUSINESS
14. Days for meeting.
The senate shall meet on Tuesday and Thursday unless a different day or hour is prescribed by the committee on senate organization or by a resolution or motion adopted by majority vote
of the members present. This section shall not apply to a senate session that is convened to prevent a violation of section 10
of article IV
of the constitution.
15. Roll call, quorum.
Before proceeding to business, the roll of the members shall be called, and the names of those present and those absent shall be entered on the journal. A member present during any part of a roll call day shall be included in the official attendance roll call for that day. A majority of the membership presently serving must be present to constitute a quorum for the transaction of business; a smaller number, however, can adjourn and may compel the attendance of absent members. When a roll call discloses the lack of a quorum, further business may not be conducted until a quorum is obtained, but the members present may take measures to procure a quorum or may adjourn.
16. Leave of absence.
Members of the senate may not be absent from the daily session during the entire day without first obtaining a leave of absence. The leave may be granted at any time by a majority vote of the senate.
17. Order of business.
The order of business in the senate, including any opening prayer and the pledge of allegiance, is as follows:
(a) First order.
Call of roll.
(b) Second order.
Chief clerk's entries.
(c) Third order.
Introduction, first reading, and reference of proposals.
(d) Fourth order.
Reports of committees.
(e) Fifth order.
Petitions and communications.
(f) Sixth order.
Referrals and receipt of committee reports concerning proposed administrative rules.
(g) Seventh order.
Advice and consent of the senate.
(h) Eighth order.
Messages from the assembly.
(i) Ninth order.
(k) Tenth order.
Second reading and amendment of senate joint resolutions and senate bills.
(L) Eleventh order.
Second reading and amendment of assembly joint resolutions and assembly bills.
(m) Twelfth order.
Third reading of joint resolutions and bills.
(n) Thirteenth order.
Motions may be offered.
(nm) Fourteenth order.
Consideration of resolutions and joint resolutions not requiring a 3rd reading.
(o) Fifteenth order.
Announcements, adjournment honors, and remarks under special privilege.
(p) Sixteenth order.
(2) A proposal or other matter may be made a special order for a specified date and time by the committee on senate organization or by two-thirds of the members present. Once established, a special order can be postponed to a future date or time only by the committee on senate organization or by two-thirds of the members present. When the time for the special order has arrived and the special order is announced by the presiding officer, or attention thereto is called by any member, the special order has precedence over the regular orders of business. Whenever the rules are suspended to advance such proposal or other matter to a subsequent stage, its precedence as a special order continues. Whenever any such special order is under consideration, it shall not be interrupted by the arrival of the time for the consideration of another special order.
(3) Special orders, once established, continue to be special orders, and when laid over under the rules are special orders on their proper calendar, unless otherwise ordered by the senate. Subsequent special orders shall be considered in their chronological order and their priority over regular orders on the calendars remains.
(4) With the prior consent of the majority leader and the minority leader and upon the motion by one of them under any order of business at any time, any member may be granted the floor for the purpose of introducing former members, state officers, and other persons of unusual achievement as guests of the senate. The member making the introduction shall submit in writing to the chief clerk the names of the guests so introduced.
(4m) Members may submit to the chief clerk in writing a listing of individuals who witnessed a part of the day's meeting or in whose honor the members would like to adjourn. The list, together with the record of the guests introduced on that legislative day under sub. (4)
, shall be entered at the end of the day's journal.
(5) Any member wishing to have his or her name added or removed as a coauthor or cosponsor of a proposal or amendment shall provide the chief clerk with a written request to do so prior to the proposal being messaged. The chief clerk shall promptly record the request in the journal and include the request in the official history of the proposal. An oral request during the proceedings of the senate to be made, or to be removed as, a coauthor or cosponsor of a proposal or amendment is not in order.
(6) Any action that would occur on the 2nd, 3rd, 4th, 5th, 6th, 7th, or 8th order of business during a daily session, but that actually occurs after the completion of the applicable order of business on that day, is considered to have occurred on the applicable order of business for the purpose of producing the journal.
18. Daily calendar.
All proposals, appointments, or other business, referred to a committee and reported by it to the senate or withdrawn from it by the senate, all proposals or amendments received from the assembly for senate concurrence, and all reports from conference committees and veto messages from the governor received by the senate, shall be placed in the committee on senate organization. Any such business deposited with the chief clerk on a day when the senate does not meet may be placed in the committee on senate organization immediately. The committee on senate organization shall establish a calendar at least 18 hours prior to the commencement of the session to which the calendar applies, but the calendar, as made available under sub. (2)
, may not be changed within such 18-hour period. In establishing a calendar under this subsection, the committee on senate organization shall place a proposal, appointment, or other business on the calendar when directed to do so by a majority vote of the senate.
(1b) Messages from the assembly or from the governor may be received and read, and any proposal referenced in the messages that is an assembly proposal initially received for consideration of the senate shall be referred, except as provided in sub. (1f)
. Any other proposals referenced in the messages shall be taken up immediately unless referred by the presiding officer to a standing committee.
(1f) 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.
(1m) Notwithstanding sub. (1)
and rule 41 (1) (c)
, no bill may be placed on a calendar that has not received a public hearing. The committee on senate organization may waive the public hearing requirement under this subsection.