Representative Conta moved that Senate Bill 255 [relating to mandatory coverage of chiropractic services in health, accident, sickness and casualty insurance policies, and providing a penalty] be re-referred to the joint committee on Finance.
Representative Kedrowski in the chair.
The question was: Shall Senate Bill 255 be re-referred to the joint committee on Finance?
115 The roll was taken. [Display of roll call vote omitted; ayes-49, noes-45.] Motion carried.
[Note:] Was question stated wrong? Representative Wahner asked unanimous consent to be recorded as voting "No" on the previous question .... Dueholm - "No" .... Granted.
Representative Tregoning asked unanimous consent that the previous roll call be expunged. Representative DeLong objected.
Representative Tregoning moved that the rules be suspended and the previous roll call be expunged.
Representative Conradt asked unanimous consent that the previous roll call be expunged. Representative Conta objected.
The speaker in the chair.
Representative Hauke rose to the point of order that the previous roll call was not proper under Assembly Rules 75 [stating the question], 76 [roll call vote] and 77 [every member present to vote].
The speaker [Anderson] ruled the point of order not well taken.
The question was: Shall the rules be suspended and the previous roll call be expunged?
The roll was taken. [Display of roll call vote omitted; ayes-65, noes-24.] Motion carried.
Representative Clarenbach asked unanimous consent to be recorded as voting "Aye" on the previous question .... Schneider - "Aye" ....
Representative Norquist asked unanimous consent that the previous roll call be expunged. Representative Shabaz objected.
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Senate Journal of June 20, 1973 .......... Page: 1232
[Opening roll call: expunction of record]
[10:00 a.m.] Senator Lorge asked unanimous consent that the calling of the roll be dispensed with. Senator LaFollette objected.
By request of Senator Risser, with unanimous consent, the senate recessed until 10:15 A.M. [10:15 a.m.] The senate reconvened.
Senator McKenna moved a call of the senate [roll call omitted; present-15, absent-17, with leave-1].
Senator Schuele called the attention of the chair to the possible lack of a quorum.
The roll was called [present-17, absent-15, with leave-1].
By request of Senator Risser, with unanimous consent, the call was raised.
[Opening roll call repeated:]
The roll was called [Display of roll call omitted; present-21, absent-11, with leave-1]
[Point of order:]
[Afternoon session.] Senator Flynn asked unanimous consent that the record on this morning's roll call be expunged. Senator Johnson objected.
Senator Flynn moved that the rules be suspended and the record be expunged.
116 The chair [Lt.Gov. Schreiber] ruled the motion for adjournment had priority.
The question was: Shall the senate adjourn until 9:00 A.M. Friday, June 22? The motion prevailed.
Senate Journal of June 28, 1973 .......... Page: 1282
[Point of order:]
Senator Keppler asked unanimous consent that all roll calls on the journal of June 20 be expunged. Senator Dorman objected.
Senator Keppler moved that all of the roll calls on the journal of June 20 be expunged.
Senator Risser raised the point of order that this required a suspension of the rules or possible a unanimous vote. The chair took the point of order under advisement. [No ruling given?]
Extraordinary session: conduct of
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Assembly Journal of May 15, 1990 .......... Page: 1060
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 1 (relating to retroactive exemption of 1989 Assembly Joint Resolution 2 from adverse disposal) to Senate Joint Resolution 98 [relating to retroactive exemption of 1989 Assembly Joint Resolution 81 from adverse disposal] was not germane under Assembly Rule 54 (1), (3) (a) and (3) (f). The chair took the point of order under advisement. [Intervening text omitted.]
117 [Note:] Section 11 of article IV of the constitution restricts the business that the legislature may consider when convened by the governor in special session: "when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened".
By Jt.Rule 81 (2) (b), the legislature imposed a similar restriction when it calls itself into extraordinary session: the "extraordinary session shall be limited to the business specified in the action by which it is authorized". The joint rule is reinforced by A.Rule 93 (1) which states that, during a special or extraordinary session: "No proposal, or amendment thereto, may be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature."
The May 15, 1990, extraordinary session was convened by motion of the senate and assembly committees on organization:
In accordance with Joint Rule 81 (2), it is moved that the Legislature expand the purpose of Floorperiod VII and meet in Extraordinary Session commencing at 10:00 a.m. on Tuesday, May 15, 1990 to run concurrently with Floorperiod VII (Veto Review) for the purpose of introducing and acting on bills ... and to consider proposals to amend section 1 of of Article VIII of the constitution, relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration).
1989 AJR 81, already passed by the assembly and now proposed to be revived by SJR 98 to permit senate concurrence, was the only 1989-1990 constitutional amendment that qualified as business specified in the action calling the 5/15/90 extraordinary session.
1989 AJR 2, the subject of A.Amdt 1, was a "2nd consideration" proposed constitutional amendment "relating to abolishing, over a 10-year period, the use of the property tax for school operations".
Ruling of the chair [p. 1064]:
The chair [Rep. Clarenbach, speaker pro tem] ruled on the point of order raised by Representative Kunicki on assembly amendment 1 to Senate Joint
Resolution 98. The chair ruled that the amendment was not in order under Assembly Rule 93 (1) because adoption of the amendment would make the joint resolution not germane to the extraordinary session call.
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Senate Journal of May 15, 1990 .......... Page: 1004
[Point of order:]
Senator Chilsen raised the point of order that the joint resolution [Senate Joint Resolution 98, relating to retroactive exemption of 1989 assembly joint resolution 81 from adverse disposal] is not properly before the body of the Senate.
[Note:] On May 15, 1990, the 1989 legislature was in its veto review floorperiod, and SJR 98 appeared to exceed the legislature's self-imposed restrictions under Jt.Rule 82.
However (see Sen. Jour. 5/15/90, p. 992), the purpose of the 1990 veto review period had been expanded, by action of the senate and assembly committees on Organization calling a concurrent "extraordinary" session under Jt.Rule 81 (2), to deal with a number of specified issues including: ..." proposals to amend section 1 of Article VIII of the constitution, relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)".
SJR 98, implementing that part of the motion calling the extraordinary session, was properly before the senate and, with assembly concurrence, permitted the senate to reconsider its March 21, 1990, failure to concur in AJR 81 containing the constitutional amendment.
AJR 81, "relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)", was concurred in by the senate (18 to 15), and was recommended to the 1991 legislature for 2nd consideration.
The Chair [Sen. Helbach] ruled the point not well taken.
Senate Journal of April 20, 1988 .......... Page: 828
Senator Feingold moved that Assembly Joint Resolution 117 [relating to state income tax credits or refunds for property or sales taxes due in this state
(first consideration)] be withdrawn from committee on Aging, Banking, Commercial Credit and Taxation and be referred to committee on Senate Rules.
[Point of order:]
Senator Davis raised the point of order that Assembly Joint Resolution 117 cannot be before the Senate since it is not part of the call of the Extraordinary Session.
[Note:] The original call of the April 1988 Extraordinary Session by the Committees on Senate and on Assembly Organization already mentioned "taxes, and property tax relief"; Senate Journal 4/18/88, at page 816.
On 4/20/88 (Senate Journal, page 825), the committees amended the call "to include consideration of a joint resolution to amend the state constitution relating to nonuniform taxation of real property classified as primary personal residence or as improvements to agricultural land and to state income tax credits for property or sales taxes due in this state (first consideration)". The second half of that sentence encompassed the content of 1987 AJR 117.
The Chair [President Risser] ruled the point of order not well taken.
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Assembly Journal of January 22, 1980 .......... Page: 1848
Point of order:
Representative Wahner rose to the point of order that the hour of 10:00 A.M. had arrived and, therefore, the assembly was in extraordinary session.
Representative Shabaz stated that the assembly was in special session pursuant to Article IV, Section 11 of the Wisconsin Constitution.
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Wahner that the assembly was in extraordinary session. He ruled that a regular session or an extraordinary session called by the legislature takes precedence over a special session called by the governor and cited two precedents as the basis for his ruling: 1) the June 19, 1962 ruling of senate president pro tempore Panzer and, 2) the December 10, 1963 ruling of assembly speaker Haase.
Representative Shabaz appealed the ruling of the chair. Representative Shabaz moved that the rules be suspended and that Assembly Bill 1, January 1980 Special Session be withdrawn from the committee on Criminal Justice and Public Safety and taken up at this time.
The speaker [Jackamonis] ruled the motion out of order.
The question was: Shall the decision of the chair stand as the judgment of the assembly?
119 The roll was taken. [Display of roll call vote omitted; ayes-59,noes-36.] Motion carried.
The assembly recessed the special session and went into extraordinary session pursuant to the speaker's ruling.
Assembly Journal of January 22, 1980 .......... Page: 1859
Point of order:
Representative Shabaz rose to the point of order that the hour of 2:01 P.M. had arrived and the assembly was in special session.
The speaker [Jackamonis] ruled the point of order not well taken for the same reasons stated in the ruling he made earlier today [see ruling on page 1848].
Finance: referral of proposal to joint committee on
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Senate Journal of March 21, 1994 .......... Page: 876
[Point of order:]
Senator George raised the point of order that Senate Bill 750 [relating to waiver of juvenile court jurisdiction, jurisdiction over and disclosure of the identify of a child who is accused of causing death or great bodily harm by committing certain offenses, jurisdiction over a child who is accused of violating a state criminal law after the juvenile court has waived its jurisdiction over the child for a previous violation, victim attendance at waiver hearings, adult court access to juvenile court records and providing a penalty] was required to be referred to the joint committee on Finance.
[Note:] Section 13.093 (1) of the statutes deals with the types of bills required to be referred to the joint committee on finance.
1993 SB 750 did not appropriate money, provide for revenue or relate to taxation.
The Chair ruled the point not well taken.
Senate Journal of February 22, 1994 .......... Page: 750
[Point of order:]
Senator Risser raised the point of order that the bill [Senate Bill 722, relating to expanding the small employer insurance board and renaming it the comprehensive health care board; modified community rating, fair market standards, portability, preexisting condition exclusions and guarantee issue for individual and certain group health benefit plans; establishing a standard plan; allowing the group insurance board to contract with purchasing coalitions; and granting rule-making authority] is required to be referred to the joint committee on Finance.
[Note:] According to the fiscal estimate submitted by the office of the commissioner of insurance, the proposal had an annualized fiscal impact on state costs of $490,327.
120 The Chair ruled the point of order well taken.
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Assembly Journal of March 3, 1988 .......... Page: 777
Point of order:
