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. ar49(1)(1)
Unless reconsidered under rule 73, a proposal, or an amendment as it affects a proposal, is adversely and finally disposed of for the biennial session of the legislature by any of the following results:
ar49(1)(a)
(a) Indefinite postponement (assembly bills).
ar49(1)(b)
(b) Rejection (assembly amendments, assembly resolutions, and assembly joint resolutions).
ar49(1)(c)
(c) Nonconcurrence (senate bills and senate joint resolutions).
ar49(1)(d)
(d) Failure to be ordered engrossed (assembly bills).
ar49(1)(e)
(e) Failure to be ordered to a 3rd reading (senate bills).
ar49(1)(f)
(f) Failure of passage (assembly bills).
ar49(1)(g)
(g) Failure of concurrence (senate bills and joint resolutions).
ar49(1)(h)
(h) Failure to pass notwithstanding the objections of the governor.
ar49(2)
(2) Once an assembly proposal has been adversely disposed of, another assembly proposal identical or substantially similar in nature, but not more limited in scope, may not be considered by the assembly in that biennial session.
ar50
Assembly Rule 50. Messaging to the senate. ar50(1)(1)
Each proposal that passes or is adopted after a 3rd reading, and each senate proposal adversely disposed of by the assembly, shall be transmitted, along with a certified report of the assembly's action, to the senate immediately after failure of any motion to reconsider the passage, adoption, or adverse disposition, as applicable, or the expiration of the time for making such a motion.
ar50(2)
(2) Immediately following adoption of a conference report on a senate proposal, the passage of an assembly bill notwithstanding the objections of the governor, or assembly action on a vetoed senate bill, the proposal shall be transmitted to the senate together with a certified report of the assembly's action.
ar51
Assembly Rule 51. Enrolling; further consideration. Enrolled proposals may only be recalled for further action by a joint resolution.
ar51m
Assembly Rule 51m. Advice and consent of the assembly. ar51m(1)(1)
Whenever the governor submits to the assembly a nomination for an appointment as required by law, the assembly committee on organization shall introduce a resolution, stating that it is introduced at the request of the governor, to confirm the appointment. The speaker shall refer the resolution to the standing committee that the speaker deems to be the most appropriate committee to pass upon the qualifications of the candidate. The committee shall report its findings and recommendations to the assembly in writing. Nominations by the governor may be considered, and the persons so nominated may with the advice and consent of the assembly and senate be appointed, in special as well as in regular sessions.
ar51m(2)
(2) On the question of the adoption of a resolution confirming appointments by the governor, the vote, notwithstanding rule 76 (4), shall be taken by an oral calling of the ayes and noes, which shall be entered upon the journal. Adoption of the resolution requires a majority vote of the elected membership. The question of adoption of a resolution confirming appointment is not subject to a motion for reconsideration under rule 73. The assembly may, but is not required to, act upon an appointment resubmitted by the governor when the identical appointment has once been refused confirmation by the assembly. The chief clerk shall record the cumulative status of all appointments in the bulletin of proceedings. The assembly shall inform the governor and the senate of its final action on confirmation of a nomination for appointment.
Chapter 6:
AMENDMENTS
ar52
Assembly Rule 52. Offering amendments. ar52(1)(1)
Amendments to proposals may be offered after introduction of and preceding a decision on the proposal at the end of the 2nd reading stage.
ar52(2)
(2) Amendments to amendments may be offered, but amendments in the 3rd degree may not be accepted.
ar52(2)(a)
(a) A substitute amendment, if adopted, takes the place of the original proposal; therefore, an amendment to a simple amendment to a substitute amendment is in order.
ar52(2)(b)
(b) Solely for the purpose of amending, senate amendments presented to the assembly for concurrence are treated like proposals; therefore, an amendment to a simple amendment to a senate amendment is in order.
ar52(3)
(3) Every amendment received by the chief clerk shall be provided as provided by the assembly rules.
ar52(4)
(4) An amendment to a report of a committee of conference may not be offered.
ar53
Assembly Rule 53. Drafting of amendments. Except as authorized in sub. (2), amendments shall be drafted by the legislative reference bureau before being offered for consideration to the assembly, or to any committee by a person other than a member thereof. An amendment prepared by the legislative reference bureau may not be received for consideration if changes have been made to the draft prepared by the bureau. Amendments may be deposited at the chief clerk's office on any day of the legislative session for the purpose of allowing them to be provided before the 2nd reading stage for the proposals to which the amendments pertain.
ar53(1)
(1) Every amendment shall show the number of the bill or resolution it proposes to amend. The name of each member or committee sponsoring the amendment shall be entered in the history file for the bill. The chief clerk shall number amendments in the order received.
ar53(2)
(2) When a proposal is under active consideration by an assembly committee or by the assembly on 2nd reading, floor amendments may be drafted by members as provided by the chief clerk.
ar53(3)
(3) Whenever a floor amendment on a form is adopted in committee, the chairperson shall forward a copy to the legislative reference bureau for review and redrafting. When the version of the amendment drafted by the legislative reference bureau is in satisfactory form, the chairperson shall deposit it in the chief clerk's office and the clerk shall substitute it for the original version.
ar54
Assembly Rule 54. Germaneness of assembly amendments. ar54(1)(1)
General statement: The assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal.
ar54(2)
(2) Procedure: The presiding officer shall rule on the admissibility of any assembly amendment or assembly substitute amendment when the question of germaneness is raised, but any such question is not in order once the amendment is adopted.
ar54(3)
(3) Assembly amendments that are not germane include:
ar54(3)(a)
(a) One individual proposition amending another individual proposition.
ar54(3)(b)
(b) A general proposition amending a specific proposition.
ar54(3)(c)
(c) An amendment substantially similar to an amendment already acted upon.
ar54(3)(d)
(d) An amendment: 1) amending a statute or session law when the purpose of the bill is limited to repealing the law; or 2) repealing a statute or session law when the purpose of the bill is limited to amending the law.
ar54(3)(e)
(e) An amendment that negates the effect of another assembly amendment previously adopted.
ar54(3)(f)
(f) An amendment that substantially expands the scope of the proposal.
ar54(3)(g)
(g) An amendment to a bill when legislative action on that bill is by law limited to passage, concurrence, indefinite postponement, or nonconcurrence as introduced.
ar54(3)(h)
(h) An amendment to a resolution confirming a nomination for appointment under rule 51m. ar54(4)
(4) Amendments that are germane include:
ar54(4)(a)
(a) A specific provision amending a general provision.
ar54(4)(b)
(b) An amendment that accomplishes the same purpose in a different manner.
ar54(4)(c)
(c) An amendment limiting the scope of the proposal.
ar54(4)(d)
(d) An amendment adding appropriations necessary to fulfill the original intent of a bill.
ar54(4)(e)
(e) An amendment relating only to particularized details.
ar54(4)(f)
(f) An amendment that changes the effective date of a repeal, reduces the scope of a repeal, or adds a short-term nonstatutory transitional provision to facilitate a repeal.
ar54(5)
(5) An amendment to an amendment must be germane to both the amendment and the original proposal.
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