SR2: Resolution Text

LRB-0002/4

JK/RAC/PJD:kjf:rs

2005 - 2006 LEGISLATURE

2005 Senate RESOLUTION 2

January 21, 2005 - Introduced by Senator A. Lasee. Referred to Committee on Senate Organization.

SR2,2,7 To repeal senate rule 4 (2), senate rule 8 (5), senate rule 26 (2), senate rule 27 (2) (a) and (b), senate rule 47 (2) and (3), senate rule 52, senate rule 78, senate rule 94 (1) and (2) and senate rule 99 (58); to renumber senate rule 4 (1) (intro.) and senate rule 70; to renumber and amend senate rule 5 (4), senate rule 25 (1), senate rule 26 (1), senate rule 27 (2) (intro.) and senate rule 50 (6) (b); to amend senate rule 1m (title), senate rule 2 (3), senate rule 5 (title), senate rule 5 (3), senate rule 6 (title), senate rule 7 (4), senate rule 8 (4), senate rule 11 (title), senate rule 18 (1), senate rule 18 (2), senate rule 18 (3), senate rule 20 (7), senate rule 22 (1), senate rule 24, senate rule 25 (2), senate rule 27 (1), senate rule 27 (3), senate rule 27 (4) (b), senate rule 32 (1), senate rule 32 (2), senate rule 36 (1), senate rule 36 (2) (a), senate rule 36 (2) (b), senate rule 37 (1), senate rule 40, senate rule 41 (1) (b), senate rule 41 (1) (e), senate rule 46 (1) (a), senate rule 46 (1) (b), senate rule 46 (2) (b), senate rule 46 (2) (c), senate rule 46 (2) (d), senate rule 50 (6) (a), senate rule 66, senate rule 77 (title), senate rule 77 (1), senate rule 77 (3), senate rule 79, senate rule 80, senate rule 88 (2), senate rule 89, senate rule 93 (title), senate rule 93 (intro.), senate rule 93 (1), senate rule 93 (1d), senate rule 93 (1p), senate rule 93 (2), senate rule 98 (3) and senate rule 99 (27m); and to create senate rule 1m (3), senate rule 5 (4) (b), senate rule 6 (3), senate rule 11 (7), senate rule 17 (5), senate rule 25 (1) (b), senate rule 25 (1) (d), senate rule 37 (4), senate rule 38 (3), senate rule 46 (2) (am), senate rule 46 (6), senate rule 50 (6) (b) 1., 2., 3. and 4, senate rule 70 (2), senate rule 70 (3) and senate rule 73m; relating to: the senate rules.

Analysis by the Legislative Reference Bureau

This resolution makes the following changes to the senate rules, in addition to other technical changes:

Conduct in the senate chamber

Current rules prohibit any person, including a senator, from reading newspapers or consuming food, beverages, or tobacco products within the bar of the senate. The resolution modifies the rules to prohibit any person, including a senator, from reading newspapers, periodicals, magazines, books, or similar materials, unless the publication is relevant to the debate. The resolution also prohibits any person, including a senator, from consuming food, beverages, or tobacco products in the senate chamber.

Senate officers and senators

Currently, the rules specify that every officer of the senate is subordinate to the Committee on Senate Organization and, in all that relates to the discharge of an officer's duties, is under the supervision of the Committee on Senate Organization. The resolution provides that all senators are subordinate to the Committee on Senate Organization for staffing and budget purposes related to the operation of all senate offices.

Currently, under section 10, article IV of the state constitution and joint rule 13, neither house of the legislature may adjourn for more than 3 consecutive days during a legislative session without the consent of the other house. Under the current senate rules, the chief clerk may preside over the senate sitting in session if the president, president pro tempore, majority leader, and assistant majority leader are absent or unable to preside. The resolution also provides that, in order to comply with section 10, article IV of the state constitution and joint rule 13, the chief clerk may preside over the senate sitting in session, but no business may be transacted during the session without the consent of the majority leader and the minority leader.

This resolution also provides that the chief clerk shall supervise the sergeant at arms and determine the compensation of the sergeant at arms.

Cosponsorship

The resolution provides that any senator wishing to have his or her name added or removed as a coauthor or cosponsor of a proposal or amendment must provide the chief clerk with a written request to be added or removed as a coauthor or cosponsor.

Recording proceedings

The resolution provides that 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.

Temporary replacement of committee members

Currently, the rules provide that if a member of the Committee on Senate Organization is "disabled" and unable to serve on the committee, the senate may select a temporary replacement from among the senators of the same party affiliation. The resolution modifies the rule so that if a member of the Committee on Senate Organization is unable to serve on the committee for any reason, regardless of whether the member is "disabled," the senate may select a temporary replacement from among the senators of the same party affiliation.

Meeting notice; considering unintroduced legislation

The resolution provides that, generally, public notice of every committee meeting must be posted to the legislature's bulletin board at least 24 hours before the meeting begins, unless the Committee on Senate Organization determines that for good cause such a notice is impossible or impractical, but in no case may notice be provided less than two hours in advance of a meeting. If the meeting is cancelled on the date of the meeting, the chairperson must also post a cancellation notice in a conspicuous location near the entrance to the meeting room.

The resolution also provides that if unintroduced legislation will be considered at the meeting, the notice must indicate the draft number assigned to the legislation by the Legislative Reference Bureau and the relating clause of the legislation. In addition, the chairperson must provide a copy of the draft legislation to the chief clerk before publishing the notice. The notice must also indicate that copies of the draft legislation are available at the chief clerk's office. The chief clerk must distribute copies of the draft legislation to any person who requests such copies.

The resolution specifies, however, that no notice is required for any meeting of the Committee on Senate Organization that is called solely for the purpose of scheduling business before the senate or adopting resolutions of which the sole purpose is scheduling business before the senate or assembly.

Committee action

Currently, the rules provide that any amendment or substitute amendment that is recommended by a committee for rejection may not be reported to the senate and that such amendment may, by motion, be revived by the vote of the majority of the current membership while the proposal is still in the amendable stage. The resolution modifies the rules so that, generally, any amendment or substitute amendment submitted to a standing committee for the committee's consideration may be reported out of committee only if the committee recommends adoption. An amendment or substitute amendment that is not reported out of committee may, by motion, be revived by the vote of the majority of the members present while the proposal is still in the amendable stage.

The resolution provides that the Committee on Senate Organization may, with the consent of the senate cochairperson of the Joint Committee on Finance, withdraw a bill from the Joint Committee on Finance and place the bill on the calendar. In addition, the resolution authorizes the president, with the consent of the chairperson of a standing committee, to withdraw a proposal or appointment from the standing committee to which the proposal or appointment is referred and refer it to another standing committee.

Dividing a question; vetoes

Under the assembly and senate rules, certain questions before either house may be divided for separate consideration by the members of that house. The assembly rules allow certain questions related to a bill that the governor has partially vetoed to be divided. The senate rules do not have a similar provision. The resolution allows certain questions related to a bill that the governor has partially vetoed to be divided for separate consideration by the senate.

Missed roll call votes

The resolution allows a senator who does not vote during a roll call on a proposal to request unanimous consent to have his or her vote included in the roll call after the roll is closed, if the request does not interrupt another roll call, the request is made no later than immediately following the close of the next roll call, and the senator's vote, if included, does not change the result of the roll call. If a senator may not make such a request under the rules, or if another senator objects to the request, the senator may request unanimous consent to have the journal reflect how the senator would have voted.

Special session business

Currently the rules prohibit resolutions offering commendations, congratulations, or condolences, memorializing Congress or an individual, or affecting senate or legislative rules or proceedings from being considered during a special session. The resolution allows the senate to consider such matters during an extraordinary session.

Final disposition of proposals and amendments

The resolution provides that, unless reconsidered or included in an action authorizing an extraordinary session, a proposal or an amendment to a proposal, is adversely and finally disposed of for the legislature's biennial session by any of the following: 1) indefinite postponement; 2) rejection; 3) nonconcurrence; 4) failure to be ordered to a third reading; 5) failure of passage; 6) failure of concurrence; and 7) failure to pass notwithstanding the objections of the governor.

Germaneness

The senate rules currently specify that the following substitute amendments and amendments are not germane: 1) a substitute amendment or amendment that is identical in effect to one previously offered and disposed of as another substitute amendment or amendment to the same proposal; 2) a substitute amendment or amendment to a proposal that relates to a subject that is different from the subject of that proposal; 3) a substitute amendment or amendment to a proposal that is intended to accomplish a purpose that is different from the purpose of that proposal; 4) a substitute amendment or amendment to a proposal that negates that proposal entirely; and 5) a substitute amendment or amendment to a proposal that substitutes another proposal pending before the senate.

The resolution modifies the rules so that the following substitute amendments and amendments are not germane: 1) a substitute amendment or amendment that is identical in effect to one previously offered to the same proposal and disposed of; 2) a substitute amendment or amendment to a proposal that is irrelevant to the subject matter of the proposal, inappropriate to the subject matter of the proposal, or not in a natural and logical sequence to the subject matter of the proposal; 3) a substitute amendment or amendment to a proposal that negates that proposal entirely; 4) a substitute amendment or amendment to a proposal that substitutes another proposal pending before the senate; and 5) a substitute amendment or amendment to a proposal that substantially expands the scope of the proposal.

SR2,5,1 Resolved by the senate, That:

SR2, s. 1 Section 1. Senate rule 1m (title) is amended to read:

SR2,5,4 Senate Rule 1m (title) Presiding officer ; officers subordinate to and committee on senate organization.

SR2, s. 2 Section 2. Senate rule 1m (3) is created to read:

SR2,5,8 Senate Rule 1m (3) For staffing and budget purposes related to the operation of all senate offices, all senators are subordinate to the committee on senate organization.

SR2, s. 3 Section 3. Senate rule 2 (3) is amended to read:

SR2,5,12 Senate Rule 2 (3) The presiding officer may call any member to the chair to temporarily perform all of the duties enumerated under rule 4, but the substitution does not extend beyond an adjournment or the return of the president.

SR2, s. 4 Section 4. Senate rule 4 (1) (intro.) is renumbered senate rule 4 (intro.).

SR2, s. 5 Section 5. Senate rule 4 (2) is repealed.

SR2, s. 6 Section 6. Senate rule 5 (title) is amended to read:

SR2,6,1 Senate Rule 5 (title) Election and duties of chief Chief clerk.