Wisconsin Legislature: 2008-02-26 Assembly Journal

Introduction and Reference
of Proposals

Read first time and referred:

Assembly Resolution 14

Relating to: urging the Wisconsin attorney general to grant the resources necessary to the Dane County district attorney for a retrial in State of Wisconsin v. Scott R. Jensen.

By Representative Kreuser .

To committee on Assembly Organization .

Representative Kreuser moved that the rules be suspended and that Assembly Resolution 14 be withdrawn from the committee on Assembly Organization and taken up at this time.

The question was: Shall the rules be suspended and Assembly Resolution 14 be withdrawn from the committee on Assembly Organization and taken up at this time?

The roll was taken.

The result follows:

Ayes - Representatives Benedict, Berceau, Black, Boyle, Colon, Cullen, Fields, Garthwaite, Grigsby, Gronemus, Hebl, Hilgenberg, Hintz, Hixson, Hraychuck, Hubler, Jorgensen, Kessler, Kreuser, Krusick, Mason, Molepske, Nelson, Parisi, Pocan, Pope-Roberts, Richards, Schneider, Seidel, Sheridan, Sherman, Shilling, Sinicki, Smith, Soletski, Staskunas, Steinbrink, Toles, Travis, Turner, Van Akkeren, Vruwink, Wasserman, A. Williams, Young and Zepnick - 46.

Noes - Representatives Albers, Ballweg, Bies, Davis, J. Fitzgerald, Friske, Gottlieb, Gunderson, Hahn, Hines, Honadel, Jeskewitz, Kaufert, Kerkman, Kestell, Kleefisch, Kramer, F. Lasee, LeMahieu, Lothian, Meyer, Montgomery, Moulton, Mursau, Murtha, Musser, Nass, Nerison, Newcomer, Nygren, A. Ott, J. Ott, Owens, Petersen, Petrowski, Pridemore, Rhoades, Stone, Strachota, Suder, Tauchen, Townsend, Van Roy, Vos, Vukmir, Wieckert, M. Williams, Wood, Ziegelbauer, Zipperer and Speaker Huebsch - 51.

Absent or not voting - Representatives Gundrum and Roth - 2.

Motion failed.

Representative Kreuser introduced a privileged resolution.

A546__________________

Introduction and Reference
of Proposals

Assembly Resolution 15

Relating to: repayment of certain attorney fees paid by the state for former, current, and future members and employees of the assembly.

By Representative Kreuser .

To committee on Assembly Organization .

Representative Kreuser moved that the rules be suspended and that Assembly Resolution 15 be withdrawn from the committee on Assembly Organization and taken up at this time.

The question was: Shall the rules be suspended and Assembly Resolution 15 be withdrawn from the committee on Assembly Organization and taken up at this time?

The roll was taken.

The result follows:

Absent or not voting - Representatives Gundrum and Roth - 2.

Motion failed.

Assembly Joint Resolution 90

Relating to: proclaiming an annual Wisconsin Water Skiing Appreciation Week.

The question was: Shall Assembly Joint Resolution 90 be adopted?

Motion carried.

Representative J. Fitzgerald asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 90 be immediately messaged to the Senate. Granted.

Assembly Bill 452

Relating to: creating a homeowner's property tax credit, increasing the amount of the school property income tax credit, and making an appropriation.

Representative Jorgensen moved that the rules be suspended and that Assembly Bill 452 be withdrawn from the committee on Ways and Means and taken up at this time.

The question was: Shall the rules be suspended and Assembly Bill 452 be withdrawn from the committee on Ways and Means and taken up at this time?

The roll was taken.

The result follows:

Absent or not voting - Representatives Gundrum and Roth - 2.

Motion failed.

Assembly Joint Resolution 95

Relating to: celebrating March 1, 2008, as St. David's Day.

The question was: Shall Assembly Joint Resolution 95 be adopted?

Motion carried.

Representative J. Fitzgerald asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 95 be immediately messaged to the Senate. Granted.

Assembly Joint Resolution 96

Relating to: recognition of July as Postpartum Depression Awareness Month.

Representative J. Fitzgerald asked unanimous consent that Assembly Joint Resolution 96 be laid on the table. Granted.

Assembly Bill 157

Relating to: management of greenhouse gases, granting rule-making authority, and providing penalties.

A547 Representative Black moved that the rules be suspended and that Assembly Bill 157 be withdrawn from the committee on Natural Resources and taken up at this time.

The question was: Shall the rules be suspended and Assembly Bill 157 be withdrawn from the committee on Natural Resources and taken up at this time?

The roll was taken.

The result follows:

Absent or not voting - Representatives Gundrum and Roth - 2.

Motion failed.

__________________

On January 15, Representative Travis made a parliamentary inquiry regarding the messaging of Assembly action on 2007 Assembly Bill 377 to the Senate. Speaker Pro Tempore Gottlieb's response to Representative Travis is as follows:

Dear Representative Travis:

This is in response to your inquiry regarding the messaging of Assembly action on 2007 Assembly Bill 377 to the Senate.

Two rules are particularly relevant to the question of messaging.

Rule 50(1) states that “Each proposal that passes or is adopted after a 3rd reading...shall be transmitted...to the senate immediately after failure of any motion to reconsider the passage, adoption, or adverse disposition, as applicable, or the expiration of the time for making such a motion."

Rule 73(3) (a) states that “A motion for reconsideration of the vote by which a proposal is passed...may be entered: 1) before the relating clause of the next proposal is read by the clerk, the next order of business is announced by the presiding officer, or other business is begun; or 2) on the 7th order of business on the next legislative day thereafter. Any motion to reconsider such final action shall be taken up immediately if the roll call day on which it is entered is already the next actual day following the vote constituting final action on the proposal."

Assembly Bill 377 was passed by the Assembly on January 23, 2008. The motion to suspend the rules for immediate messaging was defeated. Consequently, the bill would be messaged after the time for reconsideration had passed, which would be after the 7th order of business on the next legislative day.

The next legislative days following January 23, 2008 were January 24, January 25, January 29, January 31, February 19, and February 21. However, on each of those days, the Assembly adjourned before the 7th order of business was reached, thus preventing a motion to reconsider from being made. To treat any of those days as the expiration of time for reconsideration would effectively deprive members of the opportunity for reconsideration, since the time for the making of such a motion was never reached.

Consequently, I anticipate that Assembly Bill 377 will be messaged to the Senate at the completion of the 7th order of business on February 26, 2008, assuming that order is reached before adjournment.

Sincerely,

Mark Gottlieb

__________________

Assembly Joint Resolution 103

Relating to: commemorating the achievements and contributions of the Boy Scouts of America.

The question was: Shall Assembly Joint Resolution 103 be adopted?

Motion carried.

Representative J. Fitzgerald asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 103 be immediately messaged to the Senate. Granted.

Senate Joint Resolution 70

Relating to: designating the month of March in each year as Colorectal Cancer Awareness Month.

The question was: Shall Senate Joint Resolution 70 be concurred in?

Motion carried.

Representative J. Fitzgerald asked unanimous consent that the rules be suspended and that Senate Joint Resolution 70 be immediately messaged to the Senate. Granted.

Senate Joint Resolution 83

Relating to: the Professional Ambulance Association of Wisconsin.

The question was: Shall Senate Joint Resolution 83 be concurred in?

Motion carried.