The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
Senate Journal of February 14, 1978 .......... Page: 1702
[Background:] By request of Senator Parys, with unanimous consent, Senate Bill 568 was referred to joint committee on Finance. Senator Dorman asked unanimous consent that Senate Bill 568 be withdrawn from the joint committee on Finance. Senator Parys objected. Senator Dorman moved that Senate Bill 568 be withdrawn from the joint committee on Finance.
[Point of order:]
Senator Sensenbrenner raised the point of order that the motion to withdraw Senate Bill 568 from the joint committee on Finance is not in order, and that this motion is only proper under the eighth order of business.
Senator Flynn asked unanimous consent that he be recorded with the majority on the last roll call. The chair took the point of order, raised by Senator Sensenbrenner, under advisement.
Senate Journal of February 14, 1978 .......... Page: 1708
Earlier today Senator Parys asked unanimous consent that Senate Bill 568 be referred to the joint committee on Finance and the bill was so referred.
Before the next bill was called Senator Dorman moved that the bill be withdrawn from the joint committee on Finance which would have the effect of referring the bill to the committee on Senate Organization.
At that time Senator Sensenbrenner raised the point of order that we were not on the eighth order of business and that a motion to withdraw was therefore not proper. The chair took the point of order under advisement.
The chair has checked the rules and finds no written rule that restricts motions to the eighth order of business, although that has been the practice and precedent of this session.
The chair recalls that in past sessions, operating under similar rules, motions to withdraw from committee have been made at other times than the eighth order.
It is the chair's opinion however, that unwritten precedent or informal agreements on Senate procedure should control when there is no written rule directly on point.
441 In this case the chair finds no written rule either allowing or forbidding the Senator to make a motion to withdraw from committee at the time he made it. But there is strong
precedent this session, enunciated as recently as last week by the majority leader, that motions to withdraw bills from committee will be restricted to the eighth order of business.
Therefore, the chair rules that based on precedent established this session the point of order raised by the Senator from the 4th is well taken and Senate Bill 568 remains in the joint committee on Finance.
FRED A. RISSER
President pro tempore
Senate Journal of September 28, 1977 .......... Page: 1283
[Point of order:]
Senator Bablitch moved that Senate Bill 409 be withdrawn from the joint committee on Finance and referred to the committee on Senate Organization. [Intervening text omitted.]
Senator Sensenbrenner raised the point of order that the motion to withdraw from committee was not proper under the eleventh order of business and should be made under the eighth order of business.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
By request of Senator Dorman, with unanimous consent, Senate Bill 409 was withdrawn from the joint committee on Finance and considered for action at this time.
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Senate Journal of July 1, 1975 .......... Page: 1032
[Point of order:]
[Assembly Bill 409, relating to the effective expiration date of chapter 157, laws of 1973 - temporary emergency energy regulations]
Senator Chilsen raised the point of order that ss. 157 [chapter 157, laws of 1973] could no longer be amended as the statute had expired.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
Senate Journal of June 3, 1975 .......... Page: 785
[Identical amendment:]
Senator Whittow moved that senate amendment 5 [to Assembly Bill 222, relating to state finances and appropriations constituting the executive budget bill of the 1975 legislature, and making appropriations] be placed after senate amendment 8.
[Point of order:]
Senator Lorge raised the point of order that senate amendment 8 was essentially identical to senate amendment 5 and therefore was not germane.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken as senate amendment 8 was not before the senate and therefore no ruling on germaneness could be made.
Senate Journal of April 24, 1975 .......... Page: 604
[Point of order:]
Senator Lorge asked unanimous consent to be recorded as voting "no" on the motion to lay on the table the motion to withdraw Senate Resolution 9 from committee which was made before recess. Senator Bablitch objected.
442 Senator Devitt moved that Senator Lorge be allowed to be recorded on Senate Resolution 9.
Senator Peloquin raised the point of order that motions were out of order under the fourteenth order [1975: "adjournment"] of business.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senator Devitt appealed the ruling of the chair. The question was: Shall the ruling of the chair stand as the decision of the senate? [Display of roll call vote omitted; ayes-15, noes-9.] So the ruling of the chair was sustained.
Senate Journal of January 22, 1975 .......... Page: 140
[Point of order:]
Senator Murphy moved that Senate Resolution 3 be taken from the table and considered for action at this time.
Senator Risser raised the point of order that the senate was not under the proper order of business to receive motions.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken. [Intervening text omitted.]
Senator Knowles raised the point of order that pursuant to senate rule 65 a motion to take from the table is in order at any time. The chair took the point of order under advisement.
Senate Journal of February 4, 1975 .......... Page: 216
On Wednesday, January 22, 1975, during the 10th order of business the Senator from the 33rd made a motion that Senate Resolution 3 be taken from the table.
The chair ruled that motion out of order ruling that said motion should be appropriately made under the eighth order of business.
Just prior to adjournment on said day the Senator from the 10th rose to a point of order on the chair's ruling citing Senate Rule 65.
(1) A motion to lay on the table shall only have the effect of disposing of the matter temporarily and it may be taken from the table at any time by order of the Senate.
The question is simply, can a bill or resolution be taken from the table at any time?
Senate Rule 65 when read in its entirety furnished the guidance needed for the decision on this appeal.
(2) A motion to lay a bill or resolution on the table shall, if approved, have the effect of returning the matter to the committee on senate organization.
(3) A motion to remove a bill or resolution from the table shall, if approved, have the effect of withdrawing the matter from the committee on senate organization and placing it on the calendar.
Under the Senate Rule 65 (2) a motion to table a bill or resolution is not really a motion to table in the traditional sense but actually is a motion with the effect of "returning the matter to the committee on senate organization." [See also Senate Rule 63 (1)(f)].
Under Senate Rule 65 (3) a motion to remove a bill or resolution from the table is not really a motion to remove from the table in the traditional sense, but actually a motion with the effect of "withdrawing the matter from the committee on senate organization and placing it on the calendar."
443 The "and it may be taken from the table at any time" language of Senate Rule 65 (1), because of the explicit language in (2) and (3) becomes inoperative when a tabling motion involves "placing" or "taking" a bill or resolution from the table.
A motion to take a bill or resolution from committee or remove a bill or resolution from the table cannot be made at any time but must be made under the appropriate order of business pursuant to the rules.
The point of order is not well taken.
Respectfully submitted,
MARTIN J. SCHREIBER
Lieutenant Governor
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Senate Journal of March 27, 1974 .......... Page: 2577
[Motion under wrong order of business:]
Senator Murphy moved that Senate Bill 743 be withdrawn from the joint committee on Finance and placed on the calendar.
Senator Keppler raised the point of order that the motion was out of order as it was not made under the proper order of business.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senate Journal of June 28, 1973 .......... Page: 1307
[Point of order:]
Assembly Bill 94 [relating to county acquisition of transportation systems]. Read a second time.
Senator J. D. Swan moved nonconcurrence.
By request of Senator J. D. Swan, with unanimous consent, the senate recessed until 6:15 P.M. [Intervening business; senate proceeded on unanimous consent requests.]
Senator Knutson asked unanimous consent that Assembly Bills 1120 through 1125 be made a special order of business at 10:03 A.M., Tuesday, July 10. Senator Johnson objected.
Senator Knutson moved that Assembly Bills 1120 through 1125 be made a special order of business at 10:03 A.M. Tuesday, July 10.
Senator Risser raised the point of order that the motion was out of order as there was already a question pending before the senate.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Multi-issue bills: problems of germaneness
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Assembly Journal of April 17, 1991 .......... Page: 175
Point of order:
444 Representative Welch rose to the point of order that assembly substitute amendment 1 to Assembly Bill 218 [relating to juvenile restitution and community service work projects, the early intervention program for high-risk youths, alcohol or other drug abuse treatment for youth diversion program participants, the intensive aftercare pilot program, alcohol and other drug abuse services as a treatment alternative to imprisonment, a multidisciplinary prevention and treatment team in Milwaukee county, the ARC community services center for women and children in Dane county, capacity building to establish alcohol and other drug abuse treatment and services for pregnant women and mothers and support services for certain dependent children and making appropriations] was not germane under Assembly Rule 54 (3) (f).
[Note:] Original 1991 AB 218 already enumerated 8 separable but related purposes. The substitute amendment, by addressing 3 other related purposes not enumerated in the title of the bill, did not "substantially" expand the scope of the proposal.
The speaker [Speaker Kunicki] ruled the point of order not well taken.
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Assembly Journal of March 21, 1990 .......... Page: 982
Point of order:
Representative Loftus rose to the point of order that assembly amendment 7 to Senate Bill 542 [relating to funding agricultural research and development; designation of additional development zones; the American Indian economic liaison program; a loan to a manufacturing firm; tourism promotion; providing technical assistance and grants to municipalities and tribal governing bodies; establishing a business improvement loan guarantee program; exemptions from registration of certain securities; allocating a portion of the funds for the Wisconsin job opportunity business subsidy program to a federally recognized American Indian tribe or band; a loan to a bank holding company; motor vehicle dealer license fees and examination costs and costs for community currency exchange, collection agency and insurance premium finance company investigations or examinations conducted by the commissioner of banking; correctional services and youth aids; juvenile corrections; assistance for district attorneys in criminal investigations and prosecutions; increasing the number of circuit court branches; legal services related to the Chippewa treaties; the academic excellence higher education scholarships program; a bonus compensation plan for certain employes of the educational communications board; the instructional television fixed service system; the distribution schedule for state aid to school districts; increasing the debt service cost ceiling for state aid to
445 school districts; state aid to school districts for merged attendance area programs; minimum aid, special adjustment aid, children-at-risk program aid and supplemental aid to school districts and aid to county handicapped children's education boards; requiring the state to pay for certain pupils who reside in a 1st class city to attend a nonsectarian private school; training teachers and developing curricula for primary and secondary education in geography; increasing aid for American Indian language and culture education programs in alternative schools; grants for home school coordinators; eligible job applicants and qualified employers for the Wisconsin job opportunity program; funding grants and allocations for provision of public health services and simplifying
certain applications; medical assistance reimbursement for hospital indirect education costs; establishing a program for reduction of operating deficits of governmentally owned hospitals; establishing a statewide program of community-based clinical trials management of HIV infected persons; establishing a breast cancer screening program; training and competency requirements for nurse's assistants and home health aides; community options program requirements as to noninstitutional community alternatives; establishing a program to provide care and treatment or services for severely emotionally disturbed children; the funding and provision of social, mental health, developmental disability and alcohol and other drug abuse services; county services related to child abuse and neglect; provision of certain dental services; nurse practitioner services in the medical assistance program; medical assistance benefits; medical assistance eligibility for certain beneficiaries of long-term care insurance policies; medical assistance coverage of certain women and children; eligibility of institutionalized individuals for certain medical assistance benefits; medical assistance reports; medical assistance coverage of medicare premiums for certain disabled individuals; providing information concerning the food stamp program, reporting under the food stamp program and applications for public assistance; the computer reporting network for income maintenance programs; premium subsidies for certain persons with acquired immunodeficiency syndrome; mandatory health insurance coverage of adopted children and reimbursement of insurers for coverage of certain preexisting conditions; calculating shared revenue payments for municipalities located in more than one county and increasing the total amount of shared revenue to be distributed in 1991 and thereafter; increasing payments for municipal services; conservation work projects for American Indian youth who are members of Wisconsin Chippewa tribes or bands; the authority of wardens of the department of natural resources to arrest persons for violations of tribal conservation codes; the spearfishing law enforcement aid program and state agency costs for spearfishing; a lake level control program; the period within which winnings on a race on which pari-mutuel wagering is conducted must be claimed and within which pari-mutuel taxes and certain other payments must be paid; a lottery fund minimum balance and declaring the legislature's intent regarding the use of lottery proceeds; information and assistance to American Indians; creating a relay service board, providing telecommunications relay service to speech-impaired and hearing-impaired persons and creating a credit against telecommunication license fees; adopting the internal revenue code for state tax purposes; increasing the homestead credit maximum income and maximum eligible property taxes; creating a one-time lottery property tax credit; creating a new category in the standard income tax deduction for heads of households; allowing pipeline companies and conservation and regulation companies to pay their utility taxes in instalments; the use of state or federal funds for certain highway projects; operating a motor vehicle after revocation or suspension of a person's operating privilege; authorized positions, salary regrades, modernization of office systems and reimbursement of private attorneys and annual trial caseload standards under the state public defender program; granting rule-making authority; and making appropriations] was not germane under Assembly Rule 54 (3).
