Chapter 13

13.175 13.175 Referenda. Every proposal for legislation which is to be submitted to the voters for their approval or for an expression of their opinion including, without limitation because of enumeration, proposed constitutional amendments, advisory referenda, and legislation designed to become effective only after ratification by the voters shall include a complete statement of the referendum question upon which the voters shall be requested to vote in the form prescribed under s. 5.64 (2). No such proposal shall be passed by either house of the legislature unless it contains the precise wording of the referendum question which is to be submitted to the voters for their approval, expression of opinion or ratification.

13.175 History History: 1985 a. 304.

13.175 Cross-reference Cross-reference: Section 10.01 (2) (c) provides that on a state referendum an explanatory statement of the effect of a “Yes” or “No” vote is to be prepared by the attorney general.

13.175 Annotation It is within discretion of the legislature to submit several distinct propositions to the electorate as one constitutional amendment if they relate to the same subject matter and are designed to accomplish one general purpose. Milwaukee Alliance v. Elections Board, 106 Wis. 2d 593, 317 N.W.2d 420 (1982).

13.176 13.176 Article V convention.

13.176(1) (1) In this section:

13.176(1)(a) (a) “Alternate delegate” means an individual appointed under sub. (2) (b) to fill a vacancy in the delegation appointed under sub. (2) (a).

13.176(1)(b) (b) “Article V application” means a joint resolution, as authorized under article V of the U.S. Constitution, adopted by both houses of the Wisconsin legislature applying to Congress for an article V convention for proposing amendments.

13.176(1)(c) (c) “Article V convention” means a convention called by Congress upon application of the legislatures of at least two-thirds of the states for the purpose of proposing amendments to the U.S. Constitution, as authorized by article V of the U.S. Constitution.

13.176(1)(d) (d) “Delegate” means an individual appointed under sub. (2) (a) to represent the state of Wisconsin at an article V convention.

13.176(1)(e) (e) “Unauthorized amendment” means a proposed amendment to the U.S. Constitution that is outside the scope of the subject matter of the article V application.

13.176(2) (2) 

13.176(2)(a) (a) If Congress calls an article V convention, the legislature and the governor shall appoint 9 delegates to attend the convention as follows, but only after the legislature has passed an article V application:

13.176(2)(a)1. 1. The speaker of the assembly shall appoint 3 members of the assembly.

13.176(2)(a)2. 2. The president of the senate shall appoint 3 members of the senate.

13.176(2)(a)3. 3. The governor shall appoint one member of either the assembly or the senate.

13.176(2)(a)4. 4. The minority leader of the assembly shall appoint one member of the assembly.

13.176(2)(a)5. 5. The minority leader of the senate shall appoint one member of the senate.

13.176(2)(b) (b) The legislature and the governor shall appoint 6 alternate delegates to attend the convention as follows:

13.176(2)(b)1. 1. The speaker of the assembly shall appoint 2 members of the assembly.

13.176(2)(b)2. 2. The president of the senate shall appoint 2 members of the senate.

13.176(2)(b)3. 3. The governor shall appoint one member of either the assembly or the senate.

13.176(2)(b)4. 4. The minority leader of the assembly and the minority leader of the senate shall appoint one member of the assembly or of the senate.

13.176(2)(c) (c) Any vacancy in the delegation appointed under par. (a) shall be filled by an alternate delegate appointed under par. (b) within 24 hours after the vacancy occurs. Any vacancy in the alternate delegation appointed under par. (b) shall be filled by an alternate appointee from the list maintained under sub. (3) (c) within 24 hours after the vacancy occurs. If a delegate or an alternate delegate is dismissed or vacates his or her appointment for any reason, the person who made the original appointment shall appoint the replacement of the delegate or alternate delegate.

13.176(2)(d) (d) The term for each delegate begins with the call of the article V convention and ends on the day of the final adjournment of the convention.

13.176(3) (3) 

13.176(3)(a) (a) No delegate appointed under sub. (2) (a) may vote or take any other action at an article V convention to consider or approve an unauthorized amendment.

13.176(3)(b) (b) If any delegate votes or takes any other action in violation of par. (a), the other delegates, at the request of any one delegate, may convene to consider removing the delegate voting in violation of par. (a) and may immediately dismiss that delegate by the approval of a majority of the other delegates appointed under sub. (2) (a). No more than one delegate at a time may be dismissed under this paragraph. If a delegate is dismissed, another delegate may not be dismissed until a new delegate has been appointed to replace the first dismissed delegate.

13.176(3)(c) (c) The speaker of the assembly, president of the senate, minority leader of the assembly, minority leader of the senate, and governor shall each maintain a list of alternate appointees, in addition to the alternate delegates appointed under sub. (2) (b), in case a delegate is dismissed as provided under par. (b).

13.176(4) (4) The chief clerk of the assembly and chief clerk of the senate shall jointly certify in writing to the article V convention the identity of the delegates appointed under sub. (2) or dismissed under sub. (3) (b) and the filling of any delegation vacancy within 24 hours after the appointment or dismissal or the filling of a vacancy.

13.176(5) (5) 

13.176(5)(a) (a) After Congress calls for an article V convention, the legislature shall create a joint committee of correspondence responsible for communications with the delegates to the convention. The joint committee of correspondence shall be comprised of 6 members appointed as follows, except that no delegate may be appointed to the committee:

13.176(5)(a)1. 1. The speaker of the assembly shall appoint 2 members of the assembly.

13.176(5)(a)2. 2. The president of the senate shall appoint 2 members of the senate.

13.176(5)(a)3. 3. The minority leader of the assembly shall appoint one member of the assembly.

13.176(5)(a)4. 4. The minority leader of the senate shall appoint one member of the senate.

13.176(5)(b) (b)

13.176(5)(b)1. 1. The delegates shall direct all communications with the legislature to the joint committee of correspondence. Before any delegate may vote on a proposed adoption or modification of the rules governing the convention or any proposed final amendment, the delegates shall communicate with the joint committee of correspondence regarding any such proposal.

13.176(5)(b)2. 2. If the joint committee of correspondence does not render a decision on any proposed adoption or modification of rules governing the article V convention within 6 hours of receiving notification from the delegates, the delegates shall presume that the committee approves the proposed adoption or modification of such rules. If the joint committee of correspondence decides within the 6-hour period against the adoption or modification of the rules governing the convention, the delegates shall vote against the adoption or modification of the rules. If the adoption or modification of the rules takes effect regardless of the disapproval of the joint committee and the delegates, the delegates may not participate further in the convention.

13.176(5)(b)3. 3. If the joint committee of correspondence does not render a decision on any proposed final amendment within 6 hours of receiving notification from the delegates, the delegates shall presume that the committee determined that the amendment is not an unauthorized amendment and may vote on the proposed final amendment. If the joint committee of correspondence decides within the 6-hour period that the proposed final amendment is an unauthorized amendment, the delegates may not vote on the amendment and may not participate further in the convention. If the joint committee of correspondence decides within the 6-hour period that the proposed final amendment is within the scope of the subject matter of the article V application, the delegates may vote on the amendment.

13.176(5)(c) (c) For the purpose of determining a quorum of the committee necessary to transact business, a committee member who participates in a meeting of the committee by telephone or by other means of telecommunication or electronic communications is considered present.

13.176 History History: 2017 a. 83.

13.18 13.18 Sergeants at arms.

13.18(1) (1) Election. Each house, at the commencement of each regular session, shall elect a sergeant at arms who shall perform all such duties as by custom appertain to the office of sergeant at arms and all duties imposed by law or by the rules.

13.18(2) (2) Salary and expenses. The sergeant at arms of the senate and of the assembly shall each receive:

13.18(2)(a) (a) The salary established in implementation of s. 13.20 (2).

13.18(2)(b) (b) For travel to and from the state capitol and for expenses incurred for food and lodging, necessitated by the establishment of a temporary residence in Madison during any session of the legislature, the same reimbursement as is provided members of the legislature by ss. 13.08 (2) and 13.123 (1).

13.18(2)(c) (c) In the period when the legislature is not in session, their actual and necessary expenses incurred in the performance of their duties. Such expenses shall be reimbursed by voucher signed by the presiding officer of the respective house.

13.18 History History: 1991 a. 316.

13.19 13.19 Arrest of officers. No officer of the senate or assembly, while in actual attendance upon the duties of that person’s office, shall be liable to arrest on civil process.

13.19 History History: 1991 a. 316.

13.20 13.20 Legislative employees.

13.20(1) (1) Number and pay range of legislative employees. The legislature or either house thereof may employ under the unclassified service such policy research personnel, assistants to legislators, and research staff assigned to legislative committees and such clerical, professional, or other assistants as in the judgment of the joint committee on legislative organization or the committee on organization in each house are necessary to enable it to perform its functions and duties and to best serve the people of this state, except that the legislature or a house thereof may not employ a person for, or assign a person to, a party caucus.

13.20(2) (2) Pay ranges; duration of employment. All legislative employees shall be paid in accordance with the compensation and classification plan for employees in the classified civil service within ranges approved by the joint committee on legislative organization. The administrator of the division of personnel management in the department of administration shall make recommendations concerning a compensation and classification schedule for legislative employees if requested to do so by the joint committee on legislative organization or by the committee on organization of either house. If the joint committee does not approve pay ranges for legislative employees, the committee on organization of either house may approve pay ranges for its employees. Appointments shall be made for the legislative session, unless earlier terminated by the appointing officer.

13.20(3) (3) Application. This section does not apply to employees of any legislative branch agency created under this chapter which is authorized, or the head of which is authorized, to appoint subordinate staff.

13.20 History History: 1977 c. 29; 1977 c. 196 ss. 130 (10), 131; 1977 c. 273; 1979 c. 34; 2001 a. 19; 2003 a. 33 ss. 20, 9160; 2015 a. 55.

13.21 13.21 State departments to cooperate in providing legislative help.

13.21(1) (1) Because of the difficulty in securing necessary help to fill legislative positions in regular sessions of the legislature, due to the manpower shortage, each department and agency of the state government and the employees thereof shall cooperate with the legislature to the fullest extent in the transfer to the legislature of such employees as are necessary to fill all legislative positions.

13.21(2) (2) All employees so transferred shall receive such compensation as is prescribed by law for such legislative positions. Such employees shall continue their civil service rating, sick leave, vacation and other rights under ch. 230 and after termination of their employment in such legislative positions shall be returned to the respective departments and agencies from which they were transferred for resumption of their regular employment.

13.21 History History: 1977 c. 196 s. 131.

13.22 13.22 Payroll, legislative employees. The chief clerk and sergeant at arms of each house shall certify to the department of administration the payrolls for legislative employees in their respective houses. Such certificates shall be approved as provided by the rules of each house.

13.23 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections commission at least 10 days before the day fixed by law for the meeting of the legislature. The elections commission shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

13.23 History History: 1973 c. 334 s. 57; 1991 a. 316; 2007 a. 1; 2015 a. 118.

13.235 13.235 Election contests; legislative inquiry.

13.235(1) (1) Either house of the legislature may by resolution inquire into a contested legislative election of its own house notwithstanding failure to comply with s. 13.23.

13.235(2) (2) The procedure of s. 13.24 shall be followed except that depositions so taken shall be received by the presiding officer of the house within 30 days after jurisdiction of the contest has been taken by the house. If authorized by the resolution in sub. (1), the house or a committee of the house may take testimony on matters not covered in the depositions.

13.235(3) (3) If a member takes the oath while the member’s seat is being contested, the member shall not be considered seated until the contest is resolved. Any election contest shall be resolved by a majority vote of the house.

13.235 History History: 1991 a. 316.

13.24 13.24 Testimony in election contests.

13.24(1) (1) After the service of the notice required by s. 13.23 either party may proceed to take the depositions of witnesses before any judge, circuit or supplemental court commissioner or a municipal judge in the district where the contest is pending, upon giving 10 days’ notice in writing to the opposite party of the time and place at which and the officer before whom such depositions will be taken. No deposition shall be taken after the last Monday preceding the day fixed by law for the meeting of the legislature, except in case of sickness or unavoidable absence of witnesses.

13.24(2) (2) The officer before whom such depositions are taken shall carefully envelope and seal up the same, endorse on the envelope the names of the contestant and contestee, and direct the depositions so endorsed to the presiding officer of the house of the legislature by which the contest is to be determined.

13.24(3) (3) The depositions so taken may be used and read in evidence by either party upon the hearing of such contest, and no other depositions than those so taken shall be used or heard, nor shall such house of the legislature, by its committees or otherwise, hear or seek to procure other testimony, but shall proceed forthwith to determine the contest upon the depositions so furnished.

13.24 History History: 1977 c. 305 s. 64; 1983 a. 36 s. 96 (2); 2001 a. 61.

13.25 13.25 Expenses of election contest; limitation. Not more than $300 shall be allowed by the legislature to any contestant or contestee for any fees or expenses of any kind incurred in a contest over a seat in either house of the legislature.

13.25 History History: 1983 a. 36 s. 96 (2).

13.26 13.26 Contempt.

13.26(1) (1) Each house may punish as a contempt, by imprisonment, a breach of its privileges or the privileges of its members; but only for one or more of the following offenses:

13.26(1)(a) (a) Arresting a member or officer of the house, or procuring such member or officer to be arrested in violation of the member’s privilege from arrest.

13.26(1)(b) (b) Disorderly conduct in the immediate view of either house or of any committee thereof and directly tending to interrupt its proceedings.

13.26(1)(c) (c) Refusing to attend or be examined as a witness, either before the house or a committee, or before any person authorized to take testimony in legislative proceedings, or to produce any books, records, documents, papers or keys according to the exigency of any subpoena.

13.26(1)(d) (d) Giving or offering a bribe to a member, or attempting by menace or other corrupt means or device to control or influence a member’s vote or to prevent the member from voting.

13.26(2) (2) The term of imprisonment a house may impose under this section shall not extend beyond the same session of the legislature.

13.26 History History: 1991 a. 316; 1997 a. 35.

13.26 Annotation The legislature cannot sentence a person to confinement for contempt without notice and without giving an opportunity to respond to the charge. Groppi v. Leslie, 404 U.S. 496, 92 S. Ct. 582, 30 L. Ed. 2d 632 (1972).

13.26 Annotation Power of a legislature to punish for contempt. Boer. 1973 WLR 268.

13.27 13.27 Punishment for contempt.

13.27(1) (1) Whenever either house of the legislature orders the imprisonment of any person for contempt under s. 13.26 such person shall be committed to the Dane County jail, and the jailer shall receive and detain the person in close confinement for the term specified in the order of imprisonment, unless the person is sooner discharged by the order of such house or by due course of law.

13.27(2) (2) Any person who is adjudged guilty of any contempt of the legislature or either house thereof shall be deemed guilty also of a misdemeanor, and after the adjournment of such legislature, may be prosecuted therefor in Dane County, and may be fined not more than $200 or imprisoned not more than one year in the county jail.

13.27 History History: 1991 a. 316.