13.40(3)(e)
(e) An appropriation for legal expenses and the costs of judgments, orders, and settlements of actions and appeals incurred by the state.
13.40(3)(fm)
(fm) An appropriation for the 2005-07 fiscal biennium to make payments to counties, towns, villages, and cities under
s. 79.035.
13.40(3)(g)
(g) An appropriation to make a transfer from the general fund to the budget stabilization fund under
s. 20.875 (1) (a).
13.40(3)(i)
(i) An appropriation to any of the following:
13.40(3)(i)3.
3. The board of regents of the University of Wisconsin System.
13.40(3m)(ae)(ae) In this subsection, an "excluded appropriation" consists of all of the following:
13.40(3m)(ae)1.
1. State operations appropriations for the Board of Regents of the University of Wisconsin System.
13.40(3m)(am)
(am) In addition to the limitation under
sub. (2), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, less any excluded appropriation and excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under
s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.
13.40(3m)(bm)
(bm) For purposes of
par. (am), the amount of any sum sufficient appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under
s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under
s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of
par. (am), the amount of any biennial appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under
s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under
s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
13.40(4)
(4) For purposes of
sub. (2), the legislative fiscal bureau shall determine the amount appropriated from general purpose revenue for any fiscal biennium to which
sub. (2) applies. The legislative fiscal bureau shall make this determination no later than December 1 of each even-numbered year.
13.41
13.41
Interim successors for legislators. 13.41(1)(a)(a) If, during an emergency resulting from enemy action, there are 9 or more vacancies in the senate at the same time, as determined under
s. 17.03, the senate leader of each political party, as specified in
pars. (b) and
(c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
13.41 Note
NOTE:
Par. (a) (intro.) is amended by
2009 Wis. Act 363 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action to read as follows. The text in brackets was deleted without being shown as stricken. No change was intended. Corrective legislation is pending.
Effective date text
13.41 Interim successors for legislators. (1) (a) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party[, as specified in pars. (b) and (c),] shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
13.41(1)(a)1.
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the senate district.
13.41(1)(a)2.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under
subd. 1.
13.41(1)(a)3.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under
subd. 2. to the senate leader of the party within 7 days after the date on which the 9th vacancy occurred.
13.41(1)(a)4.
4. Within 14 days after the 9th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under
subd. 3.
13.41(1)(b)
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the majority party under
par. (a):
13.41(1)(c)
(c) The person holding the highest position, ranked in the following order, that is not vacant, is the senate leader for the minority party under
par. (a):
13.41(1)(c)4.
4. The senate caucus vice chairperson of the party.
13.41(1)(c)5.
5. The senate caucus sergeant at arms of the party.
13.41(2)(a)(a) If, during an emergency resulting from enemy action, there are 25 or more vacancies in the assembly at the same time, as determined under
s. 17.03, the assembly leader of each political party, as specified in
pars. (b) and
(c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
13.41 Note
NOTE:
Par. (a) (intro.) is amended by
2009 Wis. Act 363 effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action to read as follows. The text in brackets was deleted without being shown as stricken. No change was intended. Corrective legislation is pending.
Effective date text
(2) (a) If there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party[, as specified in pars. (b) and (c),] shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
13.41(2)(a)1.
1. Request that the state chairperson of the party solicit nominations for an interim successor from the county chairpersons of the party in each county that is at least partially within the assembly district.
13.41(2)(a)2.
2. Request that the state chairperson of the party select at least 3 and not more than 5 potential interim successors from the nominees under
subd. 1.
13.41(2)(a)3.
3. Request that the state chairperson of the party submit the names of the potential interim successors selected under
subd. 2. to the assembly leader of the party within 7 days after the date on which the 25th vacancy occurred.
13.41(2)(a)4.
4. Within 14 days after the 25th vacancy occurred, appoint an interim successor from the list of potential interim successors submitted under
subd. 3.
13.41(2)(b)
(b) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for the majority party under
par. (a):
13.41(2)(c)
(c) The person holding the highest position, ranked in the following order, that is not vacant, is the assembly leader for a minority party under
par. (a):
13.41(2)(c)4.
4. The assembly caucus vice chairperson of the party.
13.41(2)(c)6.
6. The assembly caucus sergeant at arms of the party.
13.41(3)
(3) The senate and assembly political party leaders may not appoint an interim successor who is unwilling, unable, or ineligible under the constitution and the statutes to serve as a legislator.
13.41(4)
(4) Interim successors appointed under
sub. (1) or
(2) shall take the oath of office immediately upon appointment, but may not be required, as a prerequisite to the exercise of the powers or discharge of the duties of a legislator, to comply with any other provision of law relative to taking office.
13.41(5)
(5) The chief clerk of each house, or if he or she is unavailable, his or her deputy, shall notify the secretary of state of all vacancies that are filled by interim successors under this section.
13.41(6)
(6) An interim successor taking office under this section shall exercise the powers and discharge the duties of the office until the vacancy is filled under
s. 17.19. All votes taken by an interim successor shall be as valid as if taken by an elected legislator.
13.41 History
History: 2009 a. 363.
13.42
13.42
Virtual meetings of the legislature and legislative committees. 13.42(1)(a)
(a) "Disaster" means a severe or prolonged, natural or human-caused, occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of this state or a portion of this state, or critical systems, including computer, telecommunications, or agricultural systems.
13.42(1)(b)
(b) "Member" means a member of the legislature.
13.42(2)
(2) Either house of the legislature, under its rules or joint rules, may issue a notice that the house and its committees are prevented from physically meeting at the seat of government due to an emergency resulting from a disaster or the imminent threat of a disaster.
13.42(3)
(3) If a house issues a notice under
sub. (2), that house and any committee of that house may conduct a meeting and transact business through the use of any means of communication by which all of the following occur:
13.42(3)(a)
(a) The identity of each participating member may be verified, and the actions of each participating member may be authenticated, in a manner satisfactory to the presiding officer or committee chairperson.
13.42(3)(b)
(b) During the meeting, all participating members may simultaneously hear or read the comments of each member who is recognized by the presiding officer or committee chairperson.
13.42(3)(c)
(c) Any document that is used during the meeting by a member and that is accepted by the presiding officer or committee chairperson is immediately transmitted to each participating member.
13.42(3)(d)
(d) Except as provided in
sub. (8), within technological limits, the public may monitor the proceedings of the house or committee.
13.42(4)
(4) In order to hold a meeting of a joint committee in the manner provided under
sub. (3), each house of the legislature shall issue a notice of emergency under
sub. (2).
13.42(6)
(6) For purposes of determining the presence of a quorum in proceedings or meetings held under this section, any participating member shall be considered present as if the member were physically present at the seat of government.
13.42(7)
(7) Except as provided in
sub. (8), a meeting held under
sub. (3) or
(10) shall be preceded by the same or substantially equivalent public notice as would be required if the members were physically present at the seat of government.
13.42(9)
(9) In presiding over a meeting of a house of the legislature described under
sub. (3) or
(10), the presiding officer shall interpret and apply all rules of proceeding of that house that presume the physical presence of members in the house's chambers at the seat of government, in such a manner as to accomplish the same purposes for which the rules were adopted.
13.42(10)
(10) Notwithstanding the requirement for a notice of emergency under
sub. (2), and pursuant to the session schedule under
s. 13.02 (3), the legislature may meet for up to one week per session by holding a meeting as described under
sub. (3) in order to practice meeting in that manner.
