Assembly Journal
One-Hundred and Second Regular Session
  MONDAY, October 26, 2015
The Chief Clerk makes the following entries under the above date:
Amendments Offered
hist42552Assembly Amendment 1 to Assembly Bill 117 offered by Representatives Born and Doyle.
hist42546Assembly Substitute Amendment 1 to Assembly Bill 257 offered by Representative Kuglitsch.
hist42541Assembly Amendment 1 to Assembly Bill 347 offered by Representative Kerkman.
hist42547Assembly Amendment 1 to Assembly Bill 372 offered by Representative Ballweg.
Administrative Rules
Relating to modifications in walleye harvest management in Ceded Territory waters.
Submitted by Department of Natural Resources.
hist42348Report received from Agency, October 21, 2015.
hist42521To committee on Natural Resources and Sporting Heritage.
Referred on October 26, 2015.
Introduction and Reference of Proposals
Read first time and referred:
hist42544Assembly Joint Resolution 76
Relating to: proclaiming October 26 to 30, 2015, as Canada Week in Wisconsin, and Tuesday, October 27, 2015, as Canada Day at the state capitol.
By Representatives Vos and Barca; cosponsored by Senators Lazich, S. Fitzgerald and Shilling.
hist42545To committee on Rules.
hist42483Assembly Bill 455
Relating to: registration of special interest, reconstructed, replica, or street modified vehicles and providing a penalty.
By Representatives Weatherston, Jagler, Swearingen, Kremer, Heaton, Edming, Murtha, Skowronski, Petryk, Schraa, Knudson, Ohnstad, Czaja, Kulp, Mursau, Kitchens, Kuglitsch, Considine, A. Ott, Horlacher, Quinn, Thiesfeldt, Brandtjen, T. Larson, Petersen and Murphy; cosponsored by Senator Wanggaard.
hist42529To committee on Transportation.
Committee Reports
The committee on Ways and Means reports and recommends:
Assembly Bill 390
Relating to: allowing the town of Freedom to create a tax incremental district in the same manner as a city or village.
Ayes: 12 - Representatives Spiros, Macco, Kerkman, Novak, Steffen, Jacque, Katsma, Duchow, Riemer, Zepnick, Ohnstad and Brostoff.
Noes: 0.
hist42550To committee on Rules.
Committee on Ways and Means
Action on the Senate Message
Senate Bill 20
Relating to: transfer of certain fish and game approvals to persons with disabilities and the transfer of Class A bear licenses to persons awarded the Purple Heart or serving on active duty in the U.S. armed forces.
By Senator Roth; cosponsored by Representative Jacque.
hist42551To committee on Rules.
Ruling on the Point of Order
On Wednesday, October 21, (page 341 of the Assembly Journal), Representative Barca rose to the point of order that reconsideration of the vote by which Assembly Bill 387 was engrossed required a 2/3 vote.
Speaker Pro Tempore August ruled the point of order not well taken. The full text of the ruling by Speaker Pro Tempore August follows:
Representative Barca raised a point of order that the motion to reconsider engrossment of Assembly Bill 387 made by Representative Steineke had not passed because two-thirds of members present had not voted aye. Representative Barca pointed to Assembly Rule 33 (4) which states, in part, “The motion to advance the proposal to its 3rd reading and the motion to message the proposal to the other house may be adopted by a majority of the members present and voting.”
Representative Barca correctly points out that advancing a proposal under a special order of business or messaging a proposal under a special order of business to the other house requires a majority of members voting. Assembly Rule 33 (4) makes this clarification due to the fact that under a normal order of business, advancing a proposal to its 3rd reading or messaging a proposal to the other house on the same legislative day requires a suspension of the rules motion, which requires a 2/3 vote.
Assembly Rule 33 is silent on what threshold is required to reconsider any action on a special order of business. Because this rule is silent on the matter, consulting Assembly Rule 76 is necessary. Assembly Rule 76 (1) states “Unless otherwise required by the state constitution, by law, or by legislative rule, all questions are decided by a majority of a quorum.”
After a review of the state constitution, state law, and Assembly Rules, there are no additional requirements placed on thresholds required for a motion to reconsider to prevail. Therefore all questions relating to reconsidering an action on a proposal are decided by a majority of a quorum. Representative Steineke’s motion to reconsider engrossment of Assembly Bill 387 clearly and without ambiguity achieved more than a majority of the quorum present. Therefore I find Representative Barca’s point of order not well taken.
Executive Communications
State of Wisconsin
Office of the Governor
October 23, 2015
To the Honorable Members of the Assembly:
The following bill, originating in the Assembly, has been approved, signed and deposited in the office of the Secretary of State:
Bill Number   Act Number   Date Approved
hist42472Assembly Bill 325   63   October 23, 2015
Respectfully submitted,