LRB-1727/2
PJD:kg&jf:kjf
2001 - 2002 LEGISLATURE
January 3, 2001 - Introduced by
Committee onSenate Organization.
SR2,2,2
1To repeal senate rules 4 (9) and 27 (6);
to renumber and amend senate rule 1 (3);
2to amend senate rules 1 (2), 2 (2) and (3), 3, 3m, 4 (4) and (10), 5 (1), (2) (b) to
3(d), (3) and (4), 6 (1), 7 (title) and (1) to (4), 8, 11 (2) to (6), 12, 13, 14, 15, 16, 17
4(1) (c), (f) and (o) and (2) to (4), 18 (1), (2), (4) and (5), 19, 20 (1) (b) 1. and (3) to
5(7), 21, 22, 23, 24, 25, 26 (1), 27 (2) (intro.), (4) and (5), 28, chapter 4 (title), 29,
630 (1), (2) and (3) (intro.), (a) and (c) to (e), 31 (1), (2) and (4), 32, 33, 34 (2) to
7(4), 35, 36, 37 (3), 38, 39, 40, 41 (1) (a), (b) and (d), (2) and (3), 42, 43, 44, 45, 46
8(title), (1), (2) and (5), 47 (1), (3) and (5), 48, 49, 50 (1) to (3), (5), (6), (8) and (10),
951, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 (1) (intro.), (d), (j) and (k), and (2), 64,
1065, 66, 67 (1), (2), and (5) to (9), 68, 69, 70, 71, 72 (1), 73 (2), 75, 76, 77, 78, 79,
1180, 81 (2), 82, 83, 85 (1) and (5) to (7), 86, 87, chapter 9 (title), 88, 89, 90, 91, 92,
193 (intro.), (1) to (3) and (5), 94 (1) and (3), 95, 97 and 98; and
to create senate
2rules 1m (title), 20m, 36 (1m) and (2m), 96 and 99;
relating to: the senate rules.
Analysis by the Legislative Reference Bureau
Senate Rules 1 (2), 2 (3), 3m, 4 (4) and (10), 5 (1), (2) (b) and (d), (3), and (4), 6
(1), 7, 8, 11, 12, 13, 14, 15, 16, 17 (2) to (4), 18 (1), (2), (4), and (5), 19, 20 (1) (b) 1., (3),
(4), (6), and (7), 22, 23, 24, 25, 26 (1), 27 (2), (4) (a), and (5), 28, chapter 4 (title), 29,
30 (1), (2), and (3) (intro.), (a), and (c) to (e), 31 (1), (2), and (4), 32, 33, 34 (2) to (4),
35, 36, 37 (3), 38, 39, 40, 41 (1) (a), (b), (d), and (e), (2), and (3), 42, 43, 44, 45, 46 (1),
(2), and (5), 47 (1), (3), and (5), 48, 49, 50 (1) to (3), (5), (6), (8), and (10), 51, 52, 55,
56, 57, 58, 59, 60, 61, 62, 63 (1) (intro.), (d), (f), (j), and (k) and (2), 64, 65, 66, 67 (1),
(2), and (5) to (9), 68, 69, 70, 71, 72 (1), 73 (2), 75, 76, 77, 78, 79, 80, 81 (2), 82, 83, 85
(1) and (5) to (7), 86, 87, chapter 9 (title), 88, 89, 90, 91, 92, 93 (intro.), (1) to (3), and
(5), 94 (1) and (3), 95, 97, and 98 (1) and (4): The rules are amended to: 1) change
the spellings of "employe" to "employee", to make the same change as was made in
the statutes by
1999 Wisconsin Act 185, section
193; insert the serial comma after
the next-to-last word in a series of 3 or more to conform the rules to a change in
statute drafting style made last session; change the reference to committees to reflect
their new names; and modernize other language; 2) change wording so that the
senate rules speak as of the time that they are applied, not as of the time that they
were drafted; 3) update the senate rules for changes made in the statutes and joint
rules; 4) clarify that bills are introduced, but other legislation and motions are
offered; and 5) change references to president, presiding officer, and chair to use
"presiding officer" when the duties and powers are related to the person presiding
over the senate in session, to use "president" when the duties and powers are not
related to the person presiding over the senate in session, and to use "chair" when
referring to the position.
Some of these rules are also amended in the manner described below.
Senate Rule 1: The rule is divided into 2 rules to clarify that the first 2
subsections relate to the president and the last one relates to presiding officers and
the committee on senate organization.
Senate Rules 2 (2) and 3: The definition of "devolve" shows a permanent
inability; but Senate Rule 2 covers both permanent and temporary inabilities. These
rules are amended to provide that Senate Rule 2 covers the temporary inability to
preside and Senate Rule 3 covers the situations when the president is separated by
death, resignation, or removal from office, or is otherwise unable to serve.
Senate Rule 4 (9): The rule is repealed to delete the requirement that the
president nominate, and the senate confirm, members of committees of conference.
Senate Rule 5 (2) (c): The rule is amended to permit the president or
chairperson of the committee on senate organization to direct the chief clerk to
prepare and transmit for reproduction its daily journal on any day on which the
senate does not meet.
Senate Rule 14: The rule is amended to delete Wednesday as a required meeting
day for the senate.
Senate Rules 17 (1) (f) and 22: The rules rename the 6th order of business
"advice and consent of the senate", rather than "executive communications", to
reflect that the senate also confirms appointments by the professional standards
council for teachers.
Senate Rules 18 (1) and 27 (4) (b): The rules authorize the chairperson of the
committee on senate organization to place a proposal, appointment, or other
business that is in the committee on senate organization on a calendar that has been
established by the committee.
Senate Rule 18 (2): The rule provides that the chairperson of the committee on
senate organization, rather than the committee, gives notice of anything to be
considered that is not on the printed calendar.
Senate Rule 20 (5): The rule is amended to require that each senator must serve
on at least on senate or joint standing committee or joint survey committee, rather
than on at least one senate standing committee.
Senate Rule 20m: The rule is created to provide that the chairperson of the
committee on senate organization appoints members of committees of conference.
Senate Rule 21: The rule is amended to provide that all special committees are
created by the committee on senate organization, rather than by motion or
resolution.
Senate Rule 27 (6): The rule is repealed to delete the requirement that the
senate chief clerk file one copy of reports of standing committees concerning a
proposed administrative rule with several entities.
Senate Rule 34 (4): The rule is amended to require that certificates under joint
rule 7 be approved by the president and the chief clerk, rather than the committee
on senate organization. If either of those officers refuses to approve a certificate, the
committee on senate organization may order the officer to do so.
Senate Rules 36 (1) and 46 (2) (a) and (c): These rules are amended to permit
the president to refer proposals and other documents to committee without waiting
for the senate to review the referral.
Senate Rule 36 (1m): The rule is created to permit a report of the president to
the senators on a day that the senate meets or on a day that the senate does not meet
to serve as a first reading and referral of proposals.
Senate Rule 39: The rule is amended to provide that the rule applies only to
minimum special quorums, and not to minimum affirmative vote, which are set forth
in the constitution.
Senate Rule 56: The rule is amended to prohibit senators from questioning the
motives of another senator.
Senate Rule 96: The rule is created to permit the committee on senate
organization to request the legislative fiscal bureau to prepare an original fiscal
estimate on any bill if the committee believes that a fiscal estimate on the bill will
not be completed by the state agency assigned to prepare the fiscal estimate before
the bill receives a public hearing, is voted on by a senate standing committee, or is
considered by the senate.
Senate Rule 98 (intro.), (2), and (3): The rule is amended to require that
citations under Senate Rule 98 be approved by the president and the chief clerk,
rather than the committee on senate organization. If either of those officers refuse
to approve a citation, the committee on senate organization may order the officer to
do so.
Senate Rule 99: The rule creates definitions for the senate rules based on the
definitions from Assembly Rule 95, modified to work with the senate.
SR2,4,1
1Resolved by the senate, That:
SR2, s. 1
2Section
1. Senate rule 1 (2) is amended to read:
SR2,4,5
3Senate Rule 1 (2) The president is the senate's presiding officer and shall
4authenticate by personal signature all
of the acts, orders
, and proceedings of the
5senate.
SR2, s. 2
6Section
2. Senate rule 1 (3) is renumbered senate rule 1m and amended to
7read:
SR2,4,9
8Senate Rule 1m.
(1) The presiding officer shall, in general, represent and
9stand for the senate, declaring its will, and in all things obeying its commands.
SR2,4,12
10(2) Every officer of the senate is subordinate to the committee on senate
11organization and, in all that relates to the discharge of
such that officer's several
12duties
, is under the supervision of the committee on senate organization.
SR2, s. 3
13Section
3. Senate rule
1m (title) is created to read:
SR2,4,15
14Senate Rule 1m (title)
Presiding officer; officers subordinate to
15committee on senate organization.
SR2, s. 4
16Section
4. Senate rule 2 (2) and (3) are amended to read:
SR2,4,20
17Senate Rule 2 (2) When the president and president pro tempore are
absent
18or unable to preside, one of the members shall be elected to temporarily perform
all
19of the duties
of the chair enumerated under rule 4 until the
return of the president
20or president pro tempore
returns and is able to preside.
SR2,5,2
1(3) The presiding officer may call any member to the chair
, but the substitution
2shall not extend beyond an adjournment or the return of the president.
SR2, s. 5
3Section
5. Senate rule 3 is amended to read:
SR2,5,11
4Senate Rule 3.
Duties of president pro tempore and majority leader. 5When the president is
separated by death, resignation, or removal from office, or is
6otherwise unable to serve, all
of the powers and duties of the president not
7enumerated in rule 4 shall devolve upon the president pro tempore
until a president
8is elected. When both the president and president pro tempore are
separated by
9death, resignation, or removal from office, or are otherwise unable to serve, all
of the
10powers and duties of the president
not enumerated under rule 4 shall devolve upon
11the majority leader
until a president is elected.
SR2, s. 6
12Section
6. Senate rule 3m is amended to read:
SR2,5,14
13Senate Rule 3m.
Voting by presiding officer. No A senator may
not be
14excused from voting on any question by reason of occupying the chair.
SR2, s. 7
15Section
7. Senate rule 4 (4) and (10) are amended to read:
SR2,5,17
16Senate Rule 4 (4) Put to vote all questions
which that are regularly moved, or
17which that necessarily arise in the course of proceedings, and announce the result.
SR2,5,2418
(10) Refer every notice and report concerning a proposed administrative rule
19received by him or her under section 227.19 of the statutes to the appropriate
20standing committee of the senate within 7 working days following receipt, and
21provide notice to that committee whenever the president is informed that a proposed
22rule is being withdrawn. The president shall refer any report received from a
23standing committee
which that objects to a proposed rule to the joint committee for
24review of administrative rules.
SR2, s. 8
25Section
8.
Senate rule 4 (9) is repealed.
SR2, s. 9
1Section
9. Senate rule 5 (1), (2) (b) to (d), (3) and (4) are amended to read:
