Chapter 4:
GENERAL PROCEDURES ON PROPOSALS
AND RELATED MATTERS
ar34
Assembly Rule 34. Chief clerk receives matters addressed to the assembly. ar34(1)(1)
The chief clerk shall receive all proposals, amendments, petitions, committee reports, citations under rules 96 and 97, proposals by administrative agencies under rule 13 (2), communications, and all other matters addressed to the assembly and shall dispose of them in accordance with the assembly rules and the joint rules.
ar34(2)
(2) Matters shall be kept in the sequence received and, if required, be read by the chief clerk under the appropriate order of business in such sequence.
ar35
Assembly Rule 35. Proposals, amendments, and reports to be provided before debate. ar35(1)(1)
A proposal, conference committee report, or veto, except a resolution under rule 33 or 43, may not be considered until it has been made available to the members for at least 24 hours excluding Saturdays, Sundays, and legal holidays. If the rules are suspended for the consideration of any proposal before it is available, the proposal shall be read at length at least once before its final passage or final adoption and concurrence.
ar35(2)
(2) When an amendment has not been provided to the members, the amendment shall be read at length to the membership by the chief clerk before the presiding officer states the question of its adoption to the assembly.
ar35(3)
(3) When a fiscal estimate for, or joint survey committee report on, a bill has not been provided to the members, the chief clerk shall read the estimate or report to the membership before consideration of the bill by the assembly.
ar36
Assembly Rule 36. Clerical corrections to proposals or amendments. ar36(1)(1)
The chief clerk and the legislative reference bureau shall:
ar36(1)(a)
(a) Correct clerical errors in proposals or amendments, such as errors in spelling, grammatical structure, the improper use of a word, and wrong numbering or referencing.
ar36(1)(b)
(b) Insert any missing enacting or enabling clause in any proposal before its passage or final adoption and concurrence if the same has been omitted.
ar36(1)(c)
(c) When necessary, make technical corrections in the title of any proposal so that it shows any sections affected and the subject to which the proposal relates, mentioning appropriations, penalties, or rule-making authority if the proposal relates to such matters.
ar36(2)
(2) The chief clerk shall enter any correction made under this rule in the history file for the proposal.
ar37
Assembly Rule 37. Petitions and other documents. ar37(1)(1)
Any petition presented to the assembly shall be delivered to the chief clerk and shall be recorded in the journal by number, subject matter, name of the member by whom presented, and name of the communicating person or organization. The speaker may refer any petition to a committee for disposition.
ar37(2)
(2) All other documents presented to the assembly shall be delivered to the chief clerk who shall, if directed to do so by the speaker, state the subject matter of each document, the name of the member by whom it was delivered, and the name of the communicating person or organization. The speaker may refer the documents to a committee for disposition. All communications among the documents may be reproduced in the journal when so directed by the speaker or by order of the assembly.
ar38
Assembly Rule 38. Assembly publications and copying. All assembly publications and copying shall conform to legislative rules or be as determined by the committee on assembly organization or the joint committee on legislative organization.
Chapter 5:
OFFERING, INTRODUCTION, AND DISPOSITION
of proposals
ar39
Assembly Rule 39. Introduction and offering of proposals. ar39(1)(1)
Except as otherwise provided in joint rule 83 (2) and this subsection, any member or standing committee may introduce or offer proposals in the assembly on any day of the biennial legislative session. No member or standing committee may offer any assembly joint resolution or resolution memorializing Congress or any branch or officer of the federal government.
ar39(2)
(2) Any proposal introduced or offered shall have been prepared by the legislative reference bureau and shall conform to the legislative rules and laws governing form.
ar39(3)
(3) A proposal may not be received for introduction or be offered if changes have been made to the draft prepared by the legislative reference bureau.
ar39(4)(a)(a)
Proposals shall be submitted to the office of the chief clerk for introduction or to be offered.
ar39(4)(b)
(b) The chief clerk shall prepare a report containing the number, relating clause, and authors of each proposal to be introduced or offered. The report shall be presented to the speaker for referral under rule 42. ar39(4)(c)
(c) The speaker shall refer a properly jacketed proposal within 10 working days after the office of the chief clerk receives the proposal for introduction or to be offered or on the final legislative day of the last general-business floorperiod preceding the veto review session, whichever is earlier. The chief clerk shall publish the referral in the first journal published after the referral is made.
ar40
Assembly Rule 40. Readings of bills. ar40(1)(1)
Every assembly bill, and every senate bill received by the assembly for consideration, shall receive a reading on each of 3 separate and nonconsecutive legislative days under the appropriate order of business designated in rule 31. ar40(2)
(2) Unless otherwise ordered, each reading shall consist of reading the relating clause in the bill's title or on first reading be as provided in rule 42 (2) or (3). ar41
Assembly Rule 41. Readings of resolutions. ar41(1)(1)
Except as further provided in subs. (2) and (3) and except as otherwise provided in this subsection, any assembly joint resolution or resolution, and any senate joint resolution received by the assembly for consideration, shall receive a reading on each of 2 separate and nonconsecutive legislative days under the appropriate order of business designated in rule 31. Unless otherwise ordered, each reading shall consist of reading the relating clause in the resolution's title or on first reading be as provided in rule 42 (2) or (3). This subsection does not apply to any senate joint resolution that the assembly is prohibited from considering under rule 32 (1) (a). ar41(2)
(2) Any joint resolution proposing a change in the constitution of this state or the ratification of an amendment to the constitution of the United States shall be given 3 separate readings as provided for bills in rule 40. ar41(3)
(3) Any privileged resolution or joint resolution shall be treated as provided in rules 33 and 43. ar42
Assembly Rule 42. First reading and reference of proposals. ar42(1)(1)
Upon the introduction or offering of any proposal in the assembly, or the initial receipt of a senate proposal for consideration in the assembly, the proposal shall be read for the first time.
ar42(1)(a)
(a) Any proposal that requires 2 or more readings shall be referred by the presiding officer or speaker to committee, or to the calendar for the 2nd legislative day following the referral, or to the committee on rules.
ar42(1)(ad)
(ad) All bills introduced in the assembly which by any statute require reference to a particular committee shall be so referred upon first reading and all senate bills when received from the senate shall be so referred upon first reading except where the senate record on the bill discloses that the statutory requirement has been satisfied by reference to the committee in the senate.
ar42(1)(am)
(am) Notwithstanding par. (ad), the speaker or presiding officer may refer any 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 the 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.
ar42(1)(b)
(b) The presiding officer or speaker may refer any bill that requires referral to more than one joint survey committee simultaneously to several or all of the joint survey committees. The presiding officer or speaker may refer any bill that requires referral to one or more joint survey committees simultaneously to several or all of the joint survey committees and to an assembly committee.
ar42(1)(c)
(c) The presiding officer or speaker may refer any bill simultaneously to the joint committee on finance and to the appropriate joint survey committees.
ar42(2)
(2) On any legislative day when a report, showing the number and relating clause of proposals introduced or offered together with the speaker's referral, is provided to the members before the 2nd order of business for assembly proposals or the 4th order of business for senate proposals, such provision serves as the first reading and the announcement of the referral of the proposals, and the content of the report shall be entered in the daily journal under the appropriate order of business.
ar42(3)(a)(a)
Beginning on inauguration day and on any day of the regular biennial session period, proposals may be introduced or offered and referred by the speaker or presiding officer if the action is not in conflict with any limitations imposed by the session schedule or otherwise agreed to by both houses.
ar42(3)(b)
(b) Whenever the introduction or offering and referral of an assembly proposal or the receipt and referral of a senate proposal occurs on a day on which the assembly does not meet, the chief clerk shall record in the journal the appropriate information concerning the proposal and the recording constitutes the proposal's first reading.
ar42(3)(c)
(c) After initial referral by the speaker or presiding officer under sub. (1) (a) or (b) to an assembly committee but before a vote by the committee is commenced on a proposal, the speaker, with the consent of the chairperson and notwithstanding rule 15, may withdraw the proposal from the standing committee to which it was initially referred and rerefer it to another standing committee or to a special committee or refer it to the calendar for the 2nd legislative day thereafter. For the purpose of determining the 2nd legislative day thereafter, the Monday before a scheduled floorperiod shall be counted as the 1st legislative day. Rereferral under this rule may not be used to satisfy section 13.093 (1) of the statutes.
ar43
Assembly Rule 43. Privileged resolutions. ar43(1)(1)
Any resolution or joint resolution relating to the officers, members, former members, procedures, or organization of the assembly or legislature is privileged in that it may be offered under any order of business by a member who has the floor and may be taken up immediately before all other proposals, unless referred by the presiding officer to a standing committee or to the calendar.
ar43(2)
(2) Any resolution subject to rule 89 that is referred to the calendar shall be taken up on the 13th order of business on the 2nd legislative day after it is offered notwithstanding the existence of any unfinished calendars.
ar43(3)
(3) Any resolution to reprimand, censure, or expel an officer or member of the assembly shall identify the charges against the officer or member cited and shall be referred to the committee on ethics and standards of conduct for review under rule 21. ar44
Assembly Rule 44. Vetoes. ar44(1)(1)
Upon the receipt of a message from the governor that an assembly bill has been vetoed in whole or in part, or of a senate message that the senate has passed a vetoed senate bill or senate proposal vetoed in part, the speaker or presiding officer shall refer the veto to the calendar for the 2nd legislative day thereafter, or to the committee on rules for calendar scheduling, or to a standing committee for review and report.
ar44(2)
(2) Notwithstanding the referral of a veto to a standing committee, the committee on rules may schedule the veto for assembly action. When so scheduled, the veto is before the assembly and may be passed notwithstanding the objections of the governor even if the standing committee has not submitted its report.
ar45
Assembly Rule 45. Subsequent reference of proposals. ar45(1)(1)
Whenever a committee reports on a proposal referred to that committee, the speaker or presiding officer shall refer or rerefer the proposal, except as otherwise provided in subs. (2) and (3), to the calendar for the 2nd legislative day thereafter for 2nd reading or to the committee on rules for calendar scheduling or to another standing or special committee, unless it is his or her judgment that reference of the proposal to the joint committee on finance is required by law or rule and the speaker or presiding officer refers the proposal to that committee. On any legislative day when a committee report, showing the speaker's subsequent referrals, has been provided to the members before the 3rd order of business, the report may not be read by the chief clerk to the members, but the content of the committee report and the speaker's referrals and rereferrals shall be reproduced in the journal.
ar45(2)
(2) Any bill originally referred to the joint survey committee on retirement systems as required by law, and subsequently reported to the assembly, shall be referred by the speaker or presiding officer to a standing committee except the committee on rules and shall, when reported by that committee, be referred as provided in sub. (1). ar45(3)
(3) Any bill originally referred to the joint survey committee on tax exemptions as required by law, and subsequently reported to the assembly, shall be referred by the speaker or presiding officer either to a standing committee, or to the calendar for the 2nd legislative day thereafter, or to the committee on rules.
ar45(4)
(4) When a bill, during or after consideration by a standing committee or during consideration by the assembly, is found to be without the report of one or more joint survey committees to which it should have been referred, the bill shall be so referred by the speaker or presiding officer.
ar45(5)
(5) Beginning on inauguration day and on any day of the regular biennial session period, proposals may be reported by one committee and referred by the speaker or presiding officer to another committee or to the calendar if the action is not in conflict with any limitations imposed by the session schedule or otherwise agreed to by both houses. Whenever the referral of a proposal occurs on a day on which the assembly does not meet, the chief clerk shall record in the journal the appropriate information concerning the referral.
ar45(6)
(6) Except as incidental to calendar scheduling by the committee on rules, the report of a committee of conference may not be referred to committee.
ar46
Assembly Rule 46. Second reading and amendment of proposals. ar46(1)(1)
The purpose of the 2nd reading stage is to consider amendments and perfect the form and content of proposals.
ar46(2)
(2) After a proposal receives its 2nd reading, the assembly shall consider every amendment to the proposal recommended in the latest committee report on the proposal and any additional amendments offered after the report unless precluded from consideration under rule 55 (3). If there is no committee report, all amendments shall be considered unless precluded from consideration under rule 55 (3). ar46(3)
(3) Following action on all pending amendments to an assembly bill, or to an assembly joint resolution proposing a change in the state or U.S. constitution, and the failure of any motion to indefinitely postpone the proposal, the question is: “Shall the proposal be ordered engrossed and read a 3rd time?"
ar46(4)
(4) Following action on all pending assembly amendments to a senate bill, or to a senate joint resolution proposing a change in the state or U.S. constitution, and the failure of any motion for nonconcurrence, the question is: “Shall the proposal be ordered to a 3rd reading?"
ar46(5)
(5) Proposals ordered to a 3rd reading shall be placed on the calendar for the 2nd legislative day thereafter under the appropriate 3rd reading order of business.
ar47
Assembly Rule 47. Main question before assembly. ar47(1)(1)
When the assembly acts upon the recommendation of a standing committee, the main question shall conform to the recommendation of the committee.
ar47(2)
(2) When the committee recommendation is adverse or when a motion for adverse disposition is offered from the floor, and an amendment is subsequently offered and adopted, or revived and adopted, the main question on the proposal shall be stated in the affirmative.
ar47(3)
(3) When the assembly fails to adopt an adverse committee recommendation, the main question shall be stated in the affirmative.
ar47(4)
(4) When there is no standing committee report or a standing committee reports a proposal “without recommendation" under rule 19, the main question shall be stated in the affirmative.
ar48
Assembly Rule 48. Third reading and decisions on proposals. ar48(1)(1)
The purpose of the 3rd reading stage is to make a final decision on each proposal requiring 3 readings that is submitted to the assembly.
ar48(2)
(2) Following the 3rd reading of any bill or of any joint resolution proposing a change in the state or U.S. constitution, and the failure of any motion to indefinitely postpone, reject, or nonconcur, the question on assembly bills is “Shall the bill be passed?", on assembly joint resolutions is “Shall the joint resolution be adopted?", and on senate proposals is “Shall the proposal be concurred in?"
ar49
Assembly Rule 49. Adverse and final disposition.
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