Chapter 4:
PROPOSALS — PROCEDURE
sr29
Senate Rule 29.
Copies of proposals. The primary author of a proposal to be introduced or offered shall present copies of it to the chief clerk, enclosed in a jacket envelope as provided in rule
30.
sr30
Senate Rule 30.
Filing of proposals. sr30(1)(1)
The legislative reference bureau shall provide jacket envelopes of a suitable size to hold a proposal and the papers pertaining thereto, respectively, without folding or rolling. The clerk may not file any paper for any purpose, the cover of which has been either folded or rolled. The jacket envelopes must be distinguishable from those of the assembly by color.
sr30(2)
(2) The legislative reference bureau shall enter the relating clause and drafting number of the proposal on the envelope, and the clerk shall enter the proposal number, the date on which it is introduced or offered, the name of the member or committee introducing or offering it, and the name of the committee of reference in the history file for the proposal. Only those documents specified by the chief clerk may be placed in the envelope.
sr30(3)
(3) The chief clerk shall also enter in the history file for the proposal:
sr30(3)(a)
(a) The date of each public hearing on the proposal.
sr30(3)(b)
(b) All motions and the disposition thereof.
sr30(3)(c)
(c) The date, and the resolution number, if any, of a request for an opinion of the attorney general on the proposal and the date on which the opinion was returned.
sr30(3)(d)
(d) The reproduction of a proposal with all adopted amendments engrossed therein.
sr30(3)(e)
(e) Any clerical correction of the proposal made as authorized by rule
31.
sr30(3)(f)
(f) Any other appropriate information, as determined by the chief clerk.
sr31
Senate Rule 31.
Clerical corrections to proposals. sr31(1)(1)
The chief clerk shall correct minor clerical errors in any proposal, such as errors in orthography or grammar, or the use of one word for another, such as “affect" for “effect," wrong numbering or references, whether the errors occur in the original proposal or in any amendment thereto.
sr31(2)
(2) The chief clerk shall insert the enacting or usual enabling clause in any proposal before its passage or adoption if the same has been omitted. When necessary, the chief clerk shall correct the title of any bill so that the title shows the sections affected, the subject to which the bill relates, and the making of an appropriation, if such is made by the bill.
sr31(3)
(3) The chief clerk shall enter any corrections made by the clerk under this rule in the journal.
sr31(4)
(4) The current edition of Webster's New International Dictionary is the standard.
sr32
Senate Rule 32.
Reference to proposals and other matters. When first considered and thereafter each time that a proposal is considered after business relating to another subject has intervened, it shall be identified in the journal by number and relating clause. Thereafter all reference to the proposal or petition either in the journal or in messages must be by number only, except in the journal where the ayes and noes are entered.
sr33
Senate Rule 33.
Introduction or offering of new proposals; admissibility of identical proposals; admissibility of resolutions in special session. sr33(1)(1)
A member may introduce or offer new proposals in accordance with rule
46 (1). Before a member introduces or offers a new proposal to the senate, the legislative reference bureau shall prepare the proposal in the proper form, and with the requisite number of copies for introduction or offering. A proposal may not be received if it contains handwritten changes in the copies prepared by the legislative reference bureau.
sr33(2)
(2) A senate proposal identical with one already rejected may not be introduced or offered. However, an assembly bill or joint resolution that is identical to a senate bill or joint resolution previously rejected by the senate may be considered for concurrence and any bill repealing a former act of the same biennial session may be introduced or offered.
sr34
Senate Rule 34.
Proposals to be on file one day before action. sr34(1)(1)
All bills and joint resolutions, and all resolutions except those privileged for immediate consideration under rule
69, after introduction, must lay over at least 24 hours before being considered for passage, adoption, or concurrence.
sr34(2)
(2) The requirement for a one-day layover does not apply to amendments, but a copy of the full text of each amendment shall be made available to the members before adoption of the amendment.
sr35
Senate Rule 35.
Three separate readings. Every bill, and every joint resolution proposing an amendment to the constitution, must receive 3 separate readings by relating clause prior to its passage or adoption except where otherwise provided, but may not receive 2 readings on the same day.
sr36
Senate Rule 36.
First reading; reference to committee. sr36(1)(1)
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.
sr36(1m)(a) (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.
sr36(1m)(b)
(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.
sr36(2)(a)(a)
Except as provided in par.
(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.
sr36(2)(b)
(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).
sr36(2)(c)
(c) 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.
sr36(2m)
(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.
sr36(3)
(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.
sr37
Senate Rule 37.
Second reading; ordering to a 3rd reading. sr37(1)(1)
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.
sr37(2)
(2) All amendments to a proposal shall be retained in the original jacket for the proposal.
sr37(3)
(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.
sr37(4)
(4) Any proposal ordered to a 3rd reading is considered engrossed.
sr38
Senate Rule 38.
Third reading; question. sr38(1)(1)
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.
sr38(2)
(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.
sr38(3)
(3) A 3rd reading shall be by relating clause.
sr39
Senate Rule 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.
sr40
Senate Rule 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.
sr41
Senate Rule 41.
Rereference in order; withdrawing from committee. sr41(1)(a)(a)
A proposal or other matter may be rereferred at any time prior to its passage, except that a motion to withdraw the proposal or other matter from committee may not take effect during the 7 days preceding any scheduled committee meeting on that proposal or other matter or the 7 days following the date on which such a committee meeting is held.
sr41(1)(b)
(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 the proposal or other matter from committee requires a suspension of the rules.
sr41(1)(c)
(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.
sr41(1)(d)
(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).
sr41(1)(e)
(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.
sr41(2)
(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.
sr41(3)
(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.
sr42
Senate Rule 42.
Messaging to the assembly; proposals held during reconsideration period. sr42(1)(1)
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.
sr42(2)
(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.
sr43
Senate Rule 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.
sr44
Senate Rule 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.
sr44m
Senate Rule 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:
sr44m(1)
(1) Upon motion of the senate, the chief clerk shall present a correctly enrolled bill to the governor as provided in the motion.
sr44m(2)
(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.
sr44m(3)
(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.
sr45
Senate Rule 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 a copy of the text has been made available to the members. When so read, the privileged resolution is before the senate.
sr46
Senate Rule 46.
Presentation, introduction, and offering of proposals and other matters. sr46(1)(1)
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.
sr46(2)(a)(a)
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.
