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.
Assembly Bill 146
Relating to: changing the amount at which a public construction contract let by a city, village, town, technical college district board, town sanitary district commission, or federated public library system must be let to the lowest responsible bidder.
Read a second time.
Ordered to a third reading.
Senator Schultz, with unanimous consent, asked that the bill be considered for final action at this time.
Assembly Bill 146
The ayes and noes were required and the vote was: ayes, 29; noes, 3; absent or not voting, 1; as follows:
Ayes - Senators Breske, Brown, Cowles, Darling, Decker, Ellis, S. Fitzgerald, Grothman, Hansen, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Lassa, Lazich, Leibham, Miller, Olsen, Plale, Reynolds, Risser, Robson, Roessler, Schultz, Stepp, Taylor, Wirch and Zien - 29.
Noes - Senators Carpenter, Coggs and Jauch - 3.
Absent or not voting - Senator Erpenbach - 1.
Concurred in.
Senator Kedzie, with unanimous consent, asked that all action be immediately messaged to the Assembly.
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.
Concurred in as amended.
Senator Kedzie, with unanimous consent asked that Assembly Bill 717 be immediately messaged to the Assembly.
Messaged.
Senate Bill 268
Relating to: regulation of rental-purchase agreements and granting rule-making authority.
Read a third time.
The ayes and noes were demanded and the vote was: ayes, 18; noes, 14; absent or not voting, 1; as follows:
Ayes - Senators Brown, Cowles, Darling, Ellis, S. Fitzgerald, Harsdorf, Kanavas, Kapanke, Kedzie, A. Lasee, Leibham, Olsen, Plale, Reynolds, Roessler, Schultz, Stepp and Zien - 18.
Noes - Senators Breske, Carpenter, Coggs, Decker, Grothman, Hansen, Jauch, Lassa, Lazich, Miller, Risser, Robson, Taylor and Wirch - 14.
Absent or not voting - Senator Erpenbach - 1.
Passed.
Senator Schultz asked unanimous consent that Senate Bill 268 be messaged to the Assembly.
Senator Carpenter objected.
The Chair, with unanimous consent, asked that the Senate stand informal.
9:12 P.M.
__________________
9:21 P.M.
The Senate reconvened.
Senator Lasee in the chair.
__________________
Senator Schultz, with unanimous consent, asked that when the Senate adjourn, it do so in honor of the Senate Scholar Program. Each of the Senate Scholar groups has worked hard in the past two weeks, and hopefully they've learned from their experiences. Senator Schultz would like to thank all those who helped put the program together and carry it out. Most notably the Senate Chief Clerk Rob Marchant, and Alex Henvey of the Clerk's office, and Senate Sergeant at Arms Ted Blazel, and Erin Allers of his staff. They deserve the Senate's thanks for putting together an outstanding program. Senator Schultz invites all to the Senate Scholar Hearing in Room 411 South at one o'clock tomorrow. They'll be holding a public hearing and executive session on Senate Scholar Bill 2 dealing with tattoos.
Senator Breske, with unanimous consent, asked that when the Senate adjourn, it do so in honor of Lance Zischka of the Senate Scholar Program who lives in Tomahawk, in the twelfth Senate District. Senator Breske would also like to wish Lance a very happy seventeenth birthday, which will begin in a few hours.
__________________
Senator Schultz, with unanimous consent, asked that the Senate adjourn until Friday, March 3, 2006 at 12:01 A.M
.
Adjourned.
9:27 P.M.
Motions Under Senate Rule
98 and Joint Rule
7
for the Month of February 2006
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Taylor, for Sam Allen, on the occasion of being inducted into the Mother Kathryn Daniels Wall of Fame.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Lazich, for Andrew S. Arend, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Schultz, for the Arthur House Restaurant and Comedy Club, on the occasion of celebrating its first decade of providing our region with great entertainment and excellent food.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Brown, for the City of Augusta, on the occasion of celebrating its sesquicentennial anniversary.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lasee, for Suzanne Baierl from N.E.W. Lutheran High School, on the occasion of completing the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Grothman, for Steven Birno, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Kanavas, for Daniel Bohl from Milwaukee Lutheran High School, on the occasion of completing the Senate Scholar Program.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Hansen, for Boy Scout Troop 1008, on the occasion of celebrating their 70th anniversary.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Ellis, for Joshua J. Breyer, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Coggs, for Ms. Tyler Maria Brown, on the occasion of the debut of her new television cooking program "Cooking Simply for the Soul."
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lazich, for Burback Builders, on the occasion of being the Muskego Area Chamber of Commerce 2005 Mayor's Beautification Award Recipient.
S676
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lazich, for Bushy's Pub, on the occasion of being the Muskego Chamber of Commerce 2005 Retail/Commercial Business of the Year.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Kanavas, for Doris and Larry Crusan, on the occasion of their dedication to every child entrusted to their care over the years, and for serving as role models for these same children as well as for their community.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Fitzgerald, for Cub Scout Pack 3718, on the occasion of celebrating its 60th consecutive year.
