The question was: Shall Assembly amendment 5 to Assembly Joint Resolution 91 be adopted?
Motion carried.
Assembly amendment 6 to Assembly Joint Resolution 91 offered by Representative Murat.
Representative Murat asked unanimous consent that Assembly amendment 6 to Assembly Joint Resolution 91 be withdrawn and returned to the author. Granted.
Assembly amendment 7 to Assembly Joint Resolution 91 offered by Representative Huebsch.
The question was: Shall Assembly amendment 7 to Assembly Joint Resolution 91 be adopted?
Motion carried.
Assembly amendment 8 to Assembly Joint Resolution 91 offered by Representatives Bock, Coggs and Hanson.
The question was: Shall Assembly amendment 8 to Assembly Joint Resolution 91 be adopted?
Motion carried.
Assembly amendment 9 to Assembly Joint Resolution 91 offered by Representative Murat.
The question was: Shall Assembly amendment 9 to Assembly Joint Resolution 91 be adopted?
Motion carried.
The question was: Shall Assembly Joint Resolution 91 be adopted?
Motion carried.
Representative Dobyns asked unanimous consent that all members of the Assembly be made coauthors of Assembly Joint Resolution 91. Granted.
Representative Ladwig asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 91 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 92
Relating to: Wisconsin firsts.
Assembly amendment 1 to Assembly Joint Resolution 92 offered by Representative Handrick.
The question was: Shall Assembly amendment 1 to Assembly Joint Resolution 92 be adopted?
Motion carried.
The question was: Shall Assembly Joint Resolution 92 be adopted?
Motion carried.
Representative Jeskewitz asked unanimous consent that all members of the Assembly be made coauthors of Assembly Joint Resolution 92. Granted.
Representative Grothman asked unanimous consent to be withdrawn as a coauthor of Assembly Joint Resolution 92. Granted.
Representative Ladwig asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 92 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 93
Relating to: significant Wisconsin events.
The question was: Shall Assembly Joint Resolution 93 be adopted?
Motion carried.
Representative Ladwig asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 93 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 94
Relating to: Wisconsin women's accomplishments and significant Wisconsin events.
Assembly substitute amendment 1 to Assembly Joint Resolution 94 offered by Representative R. Potter.
The question was: Shall Assembly substitute amendment 1 to Assembly Joint Resolution 94 be adopted?
Motion carried.
The question was: Shall Assembly Joint Resolution 94 be adopted?
Motion carried.
Representative Ladwig asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 94 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 95
Relating to: celebrating the achievements of Wisconsin's African-Americans.
Assembly amendment 1 to Assembly Joint Resolution 95 offered by Representatives Riley, Coggs and Morris-Tatum.
The question was: Shall Assembly amendment 1 to Assembly Joint Resolution 95 be adopted?
Motion carried.
Representative Ladwig asked unanimous consent that Assembly Joint Resolution 95 be laid on the table. Granted.
Senate Joint Resolution 22
Relating to: naming a Seawolf submarine the "Manitowoc".
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The question was: Shall Senate Joint Resolution 22 be concurred in?
Motion carried.
Representative Ladwig asked unanimous consent that the rules be suspended and that Senate Joint Resolution 22 be immediately messaged to the Senate. Granted.
Senate Joint Resolution 29
Relating to: the life and public service of Arthur Lenroot.
The question was: Shall Senate Joint Resolution 29 be concurred in?
Motion carried.
Representative Ladwig asked unanimous consent that the rules be suspended and that Senate Joint Resolution 29 be immediately messaged to the Senate. Granted.
Senate Joint Resolution 30
Relating to: proclaiming Statehood Day Weekend.
The question was: Shall Senate Joint Resolution 30 be concurred in?
Motion carried.
Representative Ladwig asked unanimous consent that the rules be suspended and that Senate Joint Resolution 30 be immediately messaged to the Senate. Granted.
Assembly Joint Resolution 19
Relating to: establishing a sister-state relationship with the Cap Vert Region of Senegal.
Representative Morris-Tatum moved that the rules be suspended and that Assembly Joint Resolution 19 be withdrawn from the committee on State-Federal Relations and referred to the committee on Rules.
The question was: Shall the rules be suspended and Assembly Joint Resolution 19 be withdrawn from the committee on State-Federal Relations and referred to the committee on Rules?
The roll was taken.
The result follows:
Ayes - Representatives Baldwin, Baumgart, Black, Bock, Boyle, Carpenter, Coggs, Cullen, Dobyns, Dueholm, Gronemus, Hanson, Hasenohrl, Hebl, Huber, Hubler, Kreuser, Krug, Krusick, Kunicki, La Fave, J. Lehman, Linton, Lorge, Meyer, Morris-Tatum, Murat, Notestein, Plale, Plouff, R. Potter, Reynolds, Riley, Robson, Ryba, Schneider, Springer, Staskunas, Steinbrink, Travis, Turner, Vander Loop, Wasserman, Williams, Wood, L. Young, R. Young and Ziegelbauer - 48.
Noes - Representatives Ainsworth, Albers, Brandemuehl, Duff, Foti, Freese, Gard, Goetsch, Green, Grothman, Gunderson, Hahn, Handrick, Harsdorf, Hoven, Huebsch, Hutchison, Jeskewitz, Johnsrud, Kaufert, Kedzie, Kelso, Klusman, Kreibich, Ladwig, F. Lasee, Lazich, M. Lehman, Musser, Nass, Olsen, Ott, Otte, Ourada, Owens, Porter, Powers, Schafer, Seratti, Skindrud, Sykora, Underheim, Urban, Vrakas, Walker, Ward, Wieckert, Zukowski and Speaker Jensen - 49.
Absent or not voting - None.
Motion failed.
Representative Ladwig asked unanimous consent that Assembly Joint Resolution 95 be taken from the table and taken up at this time. Granted.
Assembly Joint Resolution 95
Relating to: celebrating the achievements of Wisconsin's African-Americans.
Assembly amendment 2 to Assembly Joint Resolution 95 offered by Representative Morris-Tatum.
Representative Riley asked unanimous consent that the entire membership of the Assembly made coauthors of Assembly amendment 2 to Assembly Joint Resolution 95. Granted.
The question was: Shall Assembly amendment 2 to Assembly Joint Resolution 95 be adopted?
Motion carried.
The question was: Shall Assembly Joint Resolution 95 be adopted?
Motion carried.
Representative Riley asked unanimous consent that all members of the Assembly be made coauthors of Assembly Joint Resolution 95. Granted.
Representative Ladwig asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 95 be immediately messaged to the Senate. Granted.
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RULING ON THE POINT OF ORDER
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Foti on Tuesday, November 18, 1997, that the motion to withdraw Assembly Bill 421 from the joint survey committee on Retirement Systems was not in order.
On November 18, 1997, the Gentleman from the 72nd had moved to suspend rule 15 (1) (a) & (5), so
Assembly Bill 421 could be withdrawn from the Joint Survey Committee on Retirement and taken up. The Gentleman from the 38th raised a point of order that this motion was not in order per Wisconsin Statutes Section
13.50 (6).
The Gentleman from the 72nd then rose on the point of order and cited from the previous rulings of the chair three cases where precedent had been established.
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On October 28, 1983, Speaker Loftus ruled a motion out of order under section 13.50 (6) of the Wisconsin Statutes. (Note: Under s.
13.50 (6), stats., when a proposal must be referred to the Joint Survey Committee and has been so referred, "such proposal shall not be considered further by either house until the Joint Survey Committee has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy".) On October 6, 1981, Speaker Jackamonis ruled a similar motion out of order citing section 13.50 of the Wisconsin Statutes. On February 2, 1982, President Risser ruled on a point of order citing the same statutes.
Representative Schneider believed all three of these rulings came before the decision in State ex rel. Lafollette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983). That case stands for the proposition that the court will invalidate legislation only for constitutional violations, not for violations of legislative rules in the statutes or elsewhere. Representative Schneider went on to propose that section 13.50 (6) is nothing more than a legislative rule like 15 (1) (a) & (5) or Joint rule
96 and they can all be suspended. Representative Schneider presented to the chair a memorandum from Peter Dykman, Acting Chief of the Legislative Reference Bureau in support of his contention that this particular statute was merely a rule and it could be suspended.
