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:
SR2,6,7
2Senate Rule 5 (1) The chief clerk of the senate shall be elected at the
3commencement of each regular session, to hold office for the full
2-year term of the
4legislature
(2 years
) and until a successor is elected and qualified on the day of
5convening of the next legislature as established under section 13.02 (1) of the
6statutes unless removed by death, resignation
, or the vote of a majority of the actual
7present membership of the senate.
SR2,6,98
(2) (b) Supervise the engrossing and enrolling of senate
bills, resolutions and
9joint resolutions proposals by the legislative reference bureau.
SR2,6,1310
(c)
Cause the daily journal of the proceedings to be kept and reproduced for
11distribution Prepare and transmit for reproduction its daily journal after the close
12of each daily session, and, if so directed by the president or chairperson of the
13committee on senate organization, on any day on which the senate does not meet.
SR2,6,1614
(d) Ensure that
no records or papers belonging to the legislature are
not 15removed from the custody of the chief clerk's office except as required in the regular
16course of business.
SR2,6,2117
(3) The chief clerk shall be responsible for all official acts of the
employes 18employees assigned to that office, and may designate one of those
employes 19employees as assistant chief clerk
, who shall have general supervision under the
20direction of the chief clerk and in the absence of the chief clerk shall have all of the
21powers and duties of the chief clerk.
SR2,7,222
(4) On the day of convening of the next legislature as established under section
2313.02 (1) of the statutes, when the president and assistant majority leader are absent
24or unable to preside over the senate sitting in session and the senate does not elect
1a substitute president under rule 2 (2), the chief clerk shall perform
all of the duties
2of the chair enumerated under rule 4.
SR2, s. 10
3Section
10. Senate rule 6 (1) is amended to read:
SR2,7,9
4Senate Rule 6 (1) The sergeant at arms of the senate shall be elected at the
5commencement of each regular session, to hold office for the full
2-year term of the
6legislature
(2 years) and until a successor is elected and qualified on the day of
7convening of the next legislature as established under section 13.02 (1) of the
8statutes unless removed by death, resignation
, or the vote of a majority of the actual
9present membership of the senate.
SR2, s. 11
10Section
11. Senate rule 7 (title) and (1) to (4) are amended to read:
SR2,7,15
11Senate Rule 7 (title)
President Presiding officer to preserve order;
12appeal. (1) The
president presiding officer shall preserve order and decorum, may
13speak to points of order in preference to others, rising for that purpose; and shall
14decide questions of order, subject to an appeal by a member, on which appeal each
15member may speak once not to exceed 5 minutes.
SR2,7,2016
(2) Whenever a point of order is raised, the
president presiding officer may rule
17thereon forthwith, or may defer the decision not later than the 5th order of business
18on the 2nd legislative day to provide time for examination of the precedents.
19Questions not ruled on within the required time shall be decided by a majority of the
20senate.
SR2,7,2521
(3) Whenever the
president presiding officer finds it necessary to take a point
22of order under advisement in order to consult
all sources of parliamentary law and
23practice
available, the
president
presiding officer shall submit the decision in
24writing
, stating the source consulted and the reasons for the decision. The text of the
25president's presiding officer's decision shall be spread upon the journal.
SR2,8,4
1(4) On appeal being taken, the question shall be "Shall the decision of the
chair 2presiding officer stand as the judgment of the senate?"
, which question, and the
3action thereon, shall be entered on the journal. The vote
shall be is taken by ayes
4and noes. A tie vote sustains the ruling of the
chair
presiding officer.
SR2, s. 12
5Section
12. Senate rule 8 is amended to read:
SR2,8,8
6Senate Rule 8.
Conduct during floor session. (1)
Members, officers
, and
7employes employees shall wear appropriate attire while the senate is in session.
8Appropriate attire for men
shall include includes the wearing of a coat.
SR2,8,129
(2) While the
president presiding officer is addressing the senate, or submitting
10a question,
no a member may
not cross the floor
, or leave the senate. While a member
11is speaking,
no a member may
not walk between the speaking member and the
chair
12presiding officer.
SR2,8,1513
(3)
No A member or other person may
not visit or remain by the clerk's table
14while the ayes and noes are being called.
No A member may
not leave his or her seat
15or be disturbed by any other person while the ayes and noes are being called.
SR2,8,1716
(4)
No A member or other person may
not, within the bar of the senate, read
17newspapers or consume food, beverages
, or any tobacco products.
SR2,8,1918
(5)
No A member or other person may
not smoke within the bar of the senate,
19the staff and press lobbies
, and the visitors' galleries.
SR2, s. 13
20Section
13. Senate rule 11 (2) to (6) are amended to read:
SR2,9,2
21Senate Rule 11 (2) Persons of the following classes, and no others, shall be
22admitted to that portion of the floor of the senate designated as the staff lobby during
23the session thereof: state officers,
employes employees of either house of the
24legislature, of legislative committees
, and of legislative service agencies while
1engaged in the performance of their duties, members of congress, justices of the
2supreme court, and
ex-members former members of the legislature.
SR2,9,53
(3) However, none of those persons in subs. (1) and (2) who are registered as
4lobbyists or engaged in defeating or promoting any pending legislation
shall have the
5privilege of the area.
SR2,9,96
(4)
No ex-senator or any A former senator or other person who
shall be is 7directly or indirectly interested in defeating or promoting any pending legislation,
8whether registered as a lobbyist or not,
shall does not have the privilege of the floor
9of the senate at any time.
SR2,9,1310
(5) All accredited correspondents of the news media, who confine themselves
11to their professional duties,
shall have the privilege of the floor of the senate, except
12that during the sessions of the senate
such the privilege
shall extend extends only
13to the press lobby.
SR2,9,1614
(6)
The foregoing rule shall not exclude such other persons as Persons who are
15not specified in subs. (1) to (5) may be invited on the floor of the senate by the
16committee on senate organization.
SR2, s. 14
17Section
14. Senate rule 12 is amended to read:
SR2,9,21
18Senate Rule 12.
Privileges of senate to contestants for seats. Contestants
19for seats
shall have the privilege of the senate until their respective cases are
20disposed of; the privilege to extend only so far as access to the chamber, during the
21time occupied in settling the contest.
SR2, s. 15
22Section
15. Senate rule 13 is amended to read:
SR2,9,24
23Senate Rule 13.
Disturbance in lobby. Whenever any disturbance or
24disorderly conduct
shall occur occurs on the senate floor or in the lobby or gallery, the
1president shall have the power to presiding officer may cause the same to be cleared
2of all persons except members and officers.
SR2, s. 16
3Section
16. Senate rule 14 is amended to read:
SR2,10,6
4Senate Rule 14.
Hour for meeting. The senate shall meet at 10 a.m. on
5Tuesday
, Wednesday and Thursday unless a different day or hour
shall be is 6prescribed by a resolution or motion adopted by majority vote.
SR2, s. 17
7Section
17. Senate rule 15 is amended to read:
SR2,10,15
8Senate Rule 15.
Roll call, quorum. Before proceeding to business, the roll
9of the members shall be called, and the names of those present and those absent shall
10be entered on the journal. A majority of the membership presently serving must be
11present to constitute a quorum for the transaction of business; a smaller number,
12however, can adjourn
; and may compel the attendance of absent members. When
any 13a roll call discloses the lack of a quorum,
no further business may
not be conducted
14until a quorum is obtained, but the members present may take measures to procure
15a quorum or may adjourn.
SR2, s. 18
16Section
18. Senate rule 16 is amended to read:
SR2,10,20
17Senate Rule 16.
Leave of absence. Members of the senate shall not
be absent
18themselves from the session during the entire day without first
having obtained 19obtaining a leave of absence. Such leave may be granted by a majority vote of the
20senate at any time.
SR2, s. 19
21Section
19. Senate rule 17 (1) (c), (f) and (o) and (2) to (4) are amended to read:
SR2,10,23
22Senate Rule 17 (1) (c)
Third order. Introduction, first reading
, and reference
23of bills.
SR2,10,2424
(f)
Sixth order. Executive communications Advice and consent of the senate.
SR2,11,2
1(o)
Fifteenth order. Announcements, adjournment honors
, and remarks under
2special privilege.
SR2,11,143
(2) A
bill, resolution proposal or other matter may be made a special order for
4a specified date and time by the committee on senate organization or by two-thirds
5of the members present. Once established, a special order can be postponed to a
6future date or time only by the committee on senate organization or by two-thirds
7of the members present. When the time for the special order has arrived and
such 8the special order is announced by the
chair presiding officer, or attention thereto is
9called by any member,
such the special order
shall have has precedence over the
10regular orders of business
, and whenever. Whenever the rules
shall be are 11suspended to advance such
bill, resolution proposal or other matter to a subsequent
12stage, its precedence as a special order
shall continue, and whenever continues.
13Whenever any such special order is under consideration, it shall not be interrupted
14by the arrival of the time for the consideration of another special order.
SR2,11,1915
(3) Special orders
, once established
shall continue, continue to be special
16orders, and when laid over under the rules
shall be
are special orders on their proper
17calendar, unless otherwise ordered by the senate. Subsequent special orders shall
18be considered in their chronological order and their priority over regular orders on
19the calendars
shall remain remains.
SR2,11,2520
(4) With the prior consent of the majority leader and the minority leader and
21upon the motion by one of them under any order of business at any time, any member
22may be granted the floor for the purpose of introducing former members, state
23officers
, and other persons of unusual achievement as guests of the senate. The
24member making the introduction shall submit in writing to the chief clerk the names
25of the guests so introduced.
SR2, s. 20
1Section
20. Senate rule 18 (1), (2), (4) and (5) are amended to read:
