Assembly Bill 646
Relating to: an income and franchise tax credit for the sales and use taxes paid on the purchase of tangible personal property used in farming.
Read a second time.
The question was: Adoption of Senate amendment 1 to Assembly Bill 646?
Adopted.
The question was: Adoption of Senate amendment 2 to Assembly Bill 646?
Adopted.
Ordered to a third reading.
Senator Schultz, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 646
Read a third time.
The ayes and noes were demanded and the vote was: ayes, 19; noes, 13; absent or not voting, 1; as follows:
Ayes - Senators Brown, Darling, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp, Taylor and Zien - 19.
Noes - Senators Breske, Carpenter, Coggs, Cowles, Decker, Ellis, Hansen, Jauch, Miller, Plale, Risser, Robson and Wirch - 13.
Absent or not voting - Senator Erpenbach - 1.
Concurred in as amended.
Assembly Bill 717
Relating to: felony murder and amending cross-references to felony murder for the purpose of correcting errors and providing a penalty.
Read a second time.
The question was: Adoption of Senate substitute amendment 1 to Assembly Bill 717?
Adopted.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Read a third time.
Senator Kedzie, with unanimous consent, asked that Assembly Bill 717 be placed at the foot of the twelfth order of business on the calendar of March 2, 2006.
Assembly Bill 722
Relating to: the licensure of pharmacies located outside the state and providing a penalty.
Read a second time.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 722
Read a third time and concurred in.
Assembly Bill 755
Relating to: designating the bridge on STH 141 in the town of Lena in Oconto County as the Nichole M. Frye Memorial Bridge.
Read a second time.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 755
Read a third time and concurred in.
Assembly Bill 792
Relating to: requiring a home care placement agency that places a home care worker in the residence of a home care consumer to provide notice to the consumer concerning the rights, duties, responsibilities, and liabilities of the consumer with respect to the worker and notice to the worker concerning the worker's employment status and granting rule-making authority.
Read a second time.
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 792
Read a third time.
The ayes and noes were required and the vote was: ayes, 32; noes, 0; absent or not voting, 1; as follows:
Ayes - Senators Breske, Brown, Carpenter, Coggs, Cowles, Darling, Decker, Ellis, S. Fitzgerald, Grothman, Hansen, Harsdorf, Jauch, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Miller, Olsen, Plale, Reynolds, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 32.
Noes - None.
Absent or not voting - Senator Erpenbach - 1.
Concurred in.
Assembly Joint Resolution 68
Relating to: prohibiting partial vetoes of parts of bill sections (first consideration).
Ordered to a third reading.
Senator Kedzie, with unanimous consent, asked that the joint resolution be considered for final action at this time.
Assembly Joint Resolution 68
Read a third time.
The ayes and noes were required and the vote was: ayes, 20; noes, 12; absent or not voting, 1; as follows:
S674
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Miller, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 20.
Noes - Senators Breske, Carpenter, Coggs, Decker, Hansen, Jauch, Lassa, Plale, Risser, Robson, Taylor and Wirch - 12.
Absent or not voting - Senator Erpenbach - 1.
Concurred in.
__________________
On March 2, 2006 the Senator from the 26th raised a point of order that
Assembly Bill 21 required referral to the Joint Survey Committee on Tax Exemptions and that, pursuant to Senate Rule
36(2) (c) and s.
13.52 (6) of the statutes, the Senate is prohibited from giving the bill a second reading absent a report from this joint committee.
The Chair took this point of order under advisement pursuant to Senate Rule
7(3). The Chair now issues this written decision on the point of order.
The point of order is not well taken. It has long been the understanding of the Senate that both houses of the Legislature have exclusive authority under the State Constitution to govern their own proceedings. This grant of authority broadly covers all aspects of Senate operations, including the necessity to make referrals pursuant to s.13.52(6) of the statutes.
It is the opinion of the Chair that Assembly Bill 21 is not required to be referred to this Joint Survey Committee. The general practice in the Senate has been to refer only bills that create tax exemptions to this committee. Arguably, this practice is at odds with the language of s.13.52(6) of the statutes and contradicts the recommendation of the Legislative Reference Bureau. The Chair notes, though, that Mason's Manual, which is the adopted parliamentary authority on the Senate, states that the accepted practice of the body has a higher precedence than statutes which attempt to govern legislative proceedings. As a result of the Senate's accepted practice and these provisions of Mason's Manual, Assembly Bill 21 does not require referral to this Joint Committee because this bill does not create a tax exemption.
Furthermore, the Assembly passed this bill without receiving a report from this committee. Out of respect for the Assembly's constitutional authority to govern its own proceedings, the Chair is not inclined to second-guess the other house.
Senator Risser appealed the ruling of the Chair.
The question was: Shall the Decision of the chair stand as the judgement of the Senate?
The ayes and noes were required and the vote was: ayes, 19; noes, 13; absent or not voting, 1; as follows:
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 19.
Noes - Senators Breske, Carpenter, Coggs, Decker, Hansen, Jauch, Lassa, Miller, Plale, Risser, Robson, Taylor and Wirch - 13.
Absent or not voting - Senator Erpenbach - 1.
The Decision of the Chair stands as the judgement of the Senate.
Assembly Bill 21
Relating to: computing expense deductions and amortization and depreciation on property used in farming for income and franchise tax purposes.
Read.
Senate amendment 1 to Assembly Bill 21 offered by Senator Carpenter.
The question was: Adoption of Senate amendment 1 to Assembly Bill 21?
The ayes and noes were demanded and the vote was: ayes, 12; noes, 20; absent or not voting, 1; as follows:
Ayes - Senators Breske, Carpenter, Coggs, Decker, Hansen, Jauch, Lassa, Plale, Risser, Robson, Taylor and Wirch - 12.
Noes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Grothman, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lazich, Leibham, Miller, Olsen, Reynolds, Roessler, Schultz, Stepp and Zien - 20.
Absent or not voting - Senator Erpenbach - 1.
Adoption Refused.
Ordered to a third reading.
Senator Schultz asked unanimous consent to consider the bill for final action at this time.
Senator Carpenter objected.
