[EL] Wisconsin Senate Practices Remote Session Under 2009 Disaster Law

[Hugh L Brady]

The story is here:
https://madison.com/wsj/news/local/govt-and-politics/state-senate-holds-dress-rehearsal-in-anticipation-of-wisconsin-s/article_dd3e87c6-14f4-5b04-9ce1-146e29621f5f.html#tracking-source=home-top-story-1

The statute is set out below. I was unable to locate any specific provision
in either the senate or assembly rules that address the notice referred to
in Sec. 13.42(2) of the statute or otherwise implement this provision,
which addresses few of the concerns that I outlined the other day.

*13.42* * Virtual meetings of the legislature and legislative committees.*
*(1)* In this section:
(a) “Disaster" means a severe or prolonged, natural or human-caused,
occurrence that threatens or negatively impacts life, health, property,
infrastructure, the environment, the security of this state or a portion of
this state, or critical systems, including computer, telecommunications, or
agricultural systems.
(b) “Member" means a member of the legislature.
*(2)* Either house of the legislature, under its rules or joint rules, may
issue a notice that the house and its committees are prevented from
physically meeting at the seat of government due to an emergency resulting
from a disaster or the imminent threat of a disaster.
*(3)* If a house issues a notice under sub. (2)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(2)>, that house
and any committee of that house may conduct a meeting and transact business
through the use of any means of communication by which all of the following
occur:
(a) The identity of each participating member may be verified, and the
actions of each participating member may be authenticated, in a manner
satisfactory to the presiding officer or committee chairperson.
(b) During the meeting, all participating members may simultaneously hear
or read the comments of each member who is recognized by the presiding
officer or committee chairperson.
(c) Any document that is used during the meeting by a member and that is
accepted by the presiding officer or committee chairperson is immediately
transmitted to each participating member.
(d) Except as provided in sub. (8)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(8)>, within
technological limits, the public may monitor the proceedings of the house
or committee.
*(4)* In order to hold a meeting of a joint committee in the manner
provided under sub. (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)>, each house
of the legislature shall issue a notice of emergency under sub. (2)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(2)>.
*(5)* For purposes of article IV, section 11
<https://docs.legis.wisconsin.gov/document/wisconsinconstitution/IV,11>, of
the Wisconsin Constitution, a meeting held under sub. (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)> or (10)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(10)> shall be
considered to have occurred at the seat of government and all actions taken
during the meeting shall have the same legal effect as if the members were
physically present at the seat of government.
*(6)* For purposes of determining the presence of a quorum in proceedings
or meetings held under this section, any participating member shall be
considered present as if the member were physically present at the seat of
government.
*(7)* Except as provided in sub. (8)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(8)>, a meeting
held under sub. (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)> or (10)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(10)> shall be
preceded by the same or substantially equivalent public notice as would be
required if the members were physically present at the seat of government.
*(8)* Subsections (3) (d)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)(d)> and (7)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(7)> do not apply
with respect to a meeting held under sub. (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)>, if pursuant
to article IV, section 10
<https://docs.legis.wisconsin.gov/document/wisconsinconstitution/IV,10>, of
the Wisconsin Constitution, the public welfare requires secrecy.
*(9)* In presiding over a meeting of a house of the legislature described
under sub. (3) <https://docs.legis.wisconsin.gov/document/statutes/13.42(3)>
or (10) <https://docs.legis.wisconsin.gov/document/statutes/13.42(10)>, the
presiding officer shall interpret and apply all rules of proceeding of that
house that presume the physical presence of members in the house's chambers
at the seat of government, in such a manner as to accomplish the same
purposes for which the rules were adopted.
*(10)* Notwithstanding the requirement for a notice of emergency under sub.
(2) <https://docs.legis.wisconsin.gov/document/statutes/13.42(2)>, and
pursuant to the session schedule under s. 13.02 (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.02(3)>, the
legislature may meet for up to one week per session by holding a meeting as
described under sub. (3)
<https://docs.legis.wisconsin.gov/document/statutes/13.42(3)> in order to
practice meeting in that manner.
*(11)* This section does not limit the authority of either house of the
legislature to use teleconferencing for purposes of holding a committee
meeting at the seat of government.

-- 
Hugh L. Brady
T (512) 289-0535 | F (512) 857-1016
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