Assembly Journal of March 20, 1980 .......... Page: 2953
[Background:] Representative Johnson moved that Assembly Bill 1241 [relating to vacancies in nominations of candidates for certain offices] be immediately messaged to the governor.
Point of order:
Representative Shabaz rose to the point of order that the motion was improper.
The speaker [Jackamonis] ruled the point of order not well taken because nothing in the rules prevented such a motion.
Point of order:
Representative Shabaz rose to the point of order that there was no order of business that provided for messaging bills to the governor. The speaker took the point of order under advisement.
Assembly Journal of March 20, 1980 .......... Page: 2956
The speaker [Jackamonis] ruled not well taken the point of order raised by Representative Shabaz.
Point of order:
114 Representative Shabaz rose to the point of order that Joint Rule 34 and Enrolled Joint Resolution 1 required the "chief clerk" to present bills to the governor but this motion would allow the "assembly" to present the bill to the governor; therefore, the motion required a suspension of the rules.
The speaker [Jackamonis] ruled that the motion was proper and did not require a suspension of the rules.
Expunction of prior action
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Senate Journal of February 27, 1990 .......... Page: 744
Expunge prior action:
The question was: Shall the roll call on the question of suspending the rules and Assembly Bill 38 [relating to requiring parental consent for an unemancipated child's abortion, informed consent of a woman to her own abortion, remedies in civil actions and providing a penalty] be withdrawn from the committee on Education, Economic Development, Financial Institutions and Fiscal Policies and taken up be expunged?
The ayes and noes were required and the vote was: ayes, 22; noes, 10 [display of roll call vote omitted]. The roll call was expunged.
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Assembly Journal of March 23, 1978 .......... Page: 3992
Point of order:
Representative Shabaz rose to the point of order that the motion for reconsideration of engrossment [of Assembly Bill 1046, relating to application of civil service law to certain law enforcement and fire fighting personnel] was not properly before the assembly because the assembly had failed to consider two amendments before the bill was engrossed on Tuesday, March 21.
Representative Shabaz asked unanimous consent that the record on engrossment of Assembly Bill 1046 be expunged. Granted.
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Assembly Journal of March 11, 1976 .......... Page: 3299
Point of order:
Representative Conta moved that Senate Bill 255 [relating to mandatory coverage of chiropractic services in health, accident, sickness and casualty insurance policies, and providing a penalty] be re-referred to the joint committee on Finance.
Representative Kedrowski in the chair.
The question was: Shall Senate Bill 255 be re-referred to the joint committee on Finance?
115 The roll was taken. [Display of roll call vote omitted; ayes-49, noes-45.] Motion carried.
[Note:] Was question stated wrong? Representative Wahner asked unanimous consent to be recorded as voting "No" on the previous question .... Dueholm - "No" .... Granted.
Representative Tregoning asked unanimous consent that the previous roll call be expunged. Representative DeLong objected.
Representative Tregoning moved that the rules be suspended and the previous roll call be expunged.
Representative Conradt asked unanimous consent that the previous roll call be expunged. Representative Conta objected.
The speaker in the chair.
Representative Hauke rose to the point of order that the previous roll call was not proper under Assembly Rules 75 [stating the question], 76 [roll call vote] and 77 [every member present to vote].
The speaker [Anderson] ruled the point of order not well taken.
The question was: Shall the rules be suspended and the previous roll call be expunged?
The roll was taken. [Display of roll call vote omitted; ayes-65, noes-24.] Motion carried.
Representative Clarenbach asked unanimous consent to be recorded as voting "Aye" on the previous question .... Schneider - "Aye" ....
Representative Norquist asked unanimous consent that the previous roll call be expunged. Representative Shabaz objected.
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Senate Journal of June 20, 1973 .......... Page: 1232
[Opening roll call: expunction of record]
[10:00 a.m.] Senator Lorge asked unanimous consent that the calling of the roll be dispensed with. Senator LaFollette objected.
By request of Senator Risser, with unanimous consent, the senate recessed until 10:15 A.M. [10:15 a.m.] The senate reconvened.
Senator McKenna moved a call of the senate [roll call omitted; present-15, absent-17, with leave-1].
Senator Schuele called the attention of the chair to the possible lack of a quorum.
The roll was called [present-17, absent-15, with leave-1].
By request of Senator Risser, with unanimous consent, the call was raised.
[Opening roll call repeated:]
The roll was called [Display of roll call omitted; present-21, absent-11, with leave-1]
[Point of order:]
[Afternoon session.] Senator Flynn asked unanimous consent that the record on this morning's roll call be expunged. Senator Johnson objected.
Senator Flynn moved that the rules be suspended and the record be expunged.
116 The chair [Lt.Gov. Schreiber] ruled the motion for adjournment had priority.
The question was: Shall the senate adjourn until 9:00 A.M. Friday, June 22? The motion prevailed.
Senate Journal of June 28, 1973 .......... Page: 1282
[Point of order:]
Senator Keppler asked unanimous consent that all roll calls on the journal of June 20 be expunged. Senator Dorman objected.
Senator Keppler moved that all of the roll calls on the journal of June 20 be expunged.
Senator Risser raised the point of order that this required a suspension of the rules or possible a unanimous vote. The chair took the point of order under advisement. [No ruling given?]
Extraordinary session: conduct of
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Assembly Journal of May 15, 1990 .......... Page: 1060
Point of order:
Representative Kunicki rose to the point of order that assembly amendment 1 (relating to retroactive exemption of 1989 Assembly Joint Resolution 2 from adverse disposal) to Senate Joint Resolution 98 [relating to retroactive exemption of 1989 Assembly Joint Resolution 81 from adverse disposal] was not germane under Assembly Rule 54 (1), (3) (a) and (3) (f). The chair took the point of order under advisement. [Intervening text omitted.]
117 [Note:] Section 11 of article IV of the constitution restricts the business that the legislature may consider when convened by the governor in special session: "when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened".
By Jt.Rule 81 (2) (b), the legislature imposed a similar restriction when it calls itself into extraordinary session: the "extraordinary session shall be limited to the business specified in the action by which it is authorized". The joint rule is reinforced by A.Rule 93 (1) which states that, during a special or extraordinary session: "No proposal, or amendment thereto, may be considered by the assembly unless it is germane to the session call or pertains to the organization of the legislature."
The May 15, 1990, extraordinary session was convened by motion of the senate and assembly committees on organization:
In accordance with Joint Rule 81 (2), it is moved that the Legislature expand the purpose of Floorperiod VII and meet in Extraordinary Session commencing at 10:00 a.m. on Tuesday, May 15, 1990 to run concurrently with Floorperiod VII (Veto Review) for the purpose of introducing and acting on bills ... and to consider proposals to amend section 1 of of Article VIII of the constitution, relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration).
1989 AJR 81, already passed by the assembly and now proposed to be revived by SJR 98 to permit senate concurrence, was the only 1989-1990 constitutional amendment that qualified as business specified in the action calling the 5/15/90 extraordinary session.
1989 AJR 2, the subject of A.Amdt 1, was a "2nd consideration" proposed constitutional amendment "relating to abolishing, over a 10-year period, the use of the property tax for school operations".
Ruling of the chair [p. 1064]:
The chair [Rep. Clarenbach, speaker pro tem] ruled on the point of order raised by Representative Kunicki on assembly amendment 1 to Senate Joint
Resolution 98. The chair ruled that the amendment was not in order under Assembly Rule 93 (1) because adoption of the amendment would make the joint resolution not germane to the extraordinary session call.
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Senate Journal of May 15, 1990 .......... Page: 1004
[Point of order:]
Senator Chilsen raised the point of order that the joint resolution [Senate Joint Resolution 98, relating to retroactive exemption of 1989 assembly joint resolution 81 from adverse disposal] is not properly before the body of the Senate.
[Note:] On May 15, 1990, the 1989 legislature was in its veto review floorperiod, and SJR 98 appeared to exceed the legislature's self-imposed restrictions under Jt.Rule 82.
However (see Sen. Jour. 5/15/90, p. 992), the purpose of the 1990 veto review period had been expanded, by action of the senate and assembly committees on Organization calling a concurrent "extraordinary" session under Jt.Rule 81 (2), to deal with a number of specified issues including: ..." proposals to amend section 1 of Article VIII of the constitution, relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)".
SJR 98, implementing that part of the motion calling the extraordinary session, was properly before the senate and, with assembly concurrence, permitted the senate to reconsider its March 21, 1990, failure to concur in AJR 81 containing the constitutional amendment.
AJR 81, "relating to reducing, by income tax credits or by payments from state revenues, property taxes on residential property as defined by law (first consideration)", was concurred in by the senate (18 to 15), and was recommended to the 1991 legislature for 2nd consideration.
The Chair [Sen. Helbach] ruled the point not well taken.
Senate Journal of April 20, 1988 .......... Page: 828
Senator Feingold moved that Assembly Joint Resolution 117 [relating to state income tax credits or refunds for property or sales taxes due in this state
(first consideration)] be withdrawn from committee on Aging, Banking, Commercial Credit and Taxation and be referred to committee on Senate Rules.
[Point of order:]
Senator Davis raised the point of order that Assembly Joint Resolution 117 cannot be before the Senate since it is not part of the call of the Extraordinary Session.
[Note:] The original call of the April 1988 Extraordinary Session by the Committees on Senate and on Assembly Organization already mentioned "taxes, and property tax relief"; Senate Journal 4/18/88, at page 816.
On 4/20/88 (Senate Journal, page 825), the committees amended the call "to include consideration of a joint resolution to amend the state constitution relating to nonuniform taxation of real property classified as primary personal residence or as improvements to agricultural land and to state income tax credits for property or sales taxes due in this state (first consideration)". The second half of that sentence encompassed the content of 1987 AJR 117.
The Chair [President Risser] ruled the point of order not well taken.
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Assembly Journal of January 22, 1980 .......... Page: 1848
Point of order:
Representative Wahner rose to the point of order that the hour of 10:00 A.M. had arrived and, therefore, the assembly was in extraordinary session.
