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.
Representative Shabaz stated that the assembly was in special session pursuant to Article IV, Section 11 of the Wisconsin Constitution.
The speaker [Jackamonis] ruled well taken the point of order raised by Representative Wahner that the assembly was in extraordinary session. He ruled that a regular session or an extraordinary session called by the legislature takes precedence over a special session called by the governor and cited two precedents as the basis for his ruling: 1) the June 19, 1962 ruling of senate president pro tempore Panzer and, 2) the December 10, 1963 ruling of assembly speaker Haase.
Representative Shabaz appealed the ruling of the chair. Representative Shabaz moved that the rules be suspended and that Assembly Bill 1, January 1980 Special Session be withdrawn from the committee on Criminal Justice and Public Safety and taken up at this time.
The speaker [Jackamonis] ruled the motion out of order.
The question was: Shall the decision of the chair stand as the judgment of the assembly?
119 The roll was taken. [Display of roll call vote omitted; ayes-59,noes-36.] Motion carried.
The assembly recessed the special session and went into extraordinary session pursuant to the speaker's ruling.
Assembly Journal of January 22, 1980 .......... Page: 1859
Point of order:
Representative Shabaz rose to the point of order that the hour of 2:01 P.M. had arrived and the assembly was in special session.
The speaker [Jackamonis] ruled the point of order not well taken for the same reasons stated in the ruling he made earlier today [see ruling on page 1848].
Finance: referral of proposal to joint committee on
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Senate Journal of March 21, 1994 .......... Page: 876
[Point of order:]
Senator George raised the point of order that Senate Bill 750 [relating to waiver of juvenile court jurisdiction, jurisdiction over and disclosure of the identify of a child who is accused of causing death or great bodily harm by committing certain offenses, jurisdiction over a child who is accused of violating a state criminal law after the juvenile court has waived its jurisdiction over the child for a previous violation, victim attendance at waiver hearings, adult court access to juvenile court records and providing a penalty] was required to be referred to the joint committee on Finance.
[Note:] Section 13.093 (1) of the statutes deals with the types of bills required to be referred to the joint committee on finance.
1993 SB 750 did not appropriate money, provide for revenue or relate to taxation.
The Chair ruled the point not well taken.
Senate Journal of February 22, 1994 .......... Page: 750
[Point of order:]
Senator Risser raised the point of order that the bill [Senate Bill 722, relating to expanding the small employer insurance board and renaming it the comprehensive health care board; modified community rating, fair market standards, portability, preexisting condition exclusions and guarantee issue for individual and certain group health benefit plans; establishing a standard plan; allowing the group insurance board to contract with purchasing coalitions; and granting rule-making authority] is required to be referred to the joint committee on Finance.
[Note:] According to the fiscal estimate submitted by the office of the commissioner of insurance, the proposal had an annualized fiscal impact on state costs of $490,327.
120 The Chair ruled the point of order well taken.
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Assembly Journal of March 3, 1988 .......... Page: 777
Point of order:
Representative Schneider rose to the point of order that Assembly Bill 851 [relating to creating a department of tourism, abolishing the division of tourism in the department of development and making an appropriation] was required to be referred to the Joint Committee on Finance under section 13.093 of the Wisconsin Statutes. The speaker took the point of order under advisement.
[Note:] In reconstituting the DOD division of tourism as a department of tourism, 1987 AB 851 created an appropriation for the new department to be funded by $6,316,100 taken from DOD and representing the amount appropriated to DOD for the tourism function.
Because no new money was involved, the prevailing view held that AB 851 was not a bill "for the appropriation of money, providing for revenue or relating to taxation" which, under s. 13.093 (1), stats., required referral to the joint finance committee before being passed.
The bill had a significant fiscal effect: $6.3 million was appropriated to the proposed department of tourism. The appropriation to DOD was reduced by an identical amount of $6.3 million. Consequently, the bill's overall fiscal effect was $12.6 million.
A subsequent motion to refer AB 851 to the joint finance committee failed ayes-42, noes-56 (Assembly Journal 3/16/88, page 869).
Assembly Journal of March 15, 1988 .......... Page: 847
The chair [Rep. Clarenbach, speaker pro tem] ruled not well taken the point of order raised by Representative Schneider on March 3 that Assembly Bill 851 was required to be referred to the Joint Committee on Finance.
Assembly Journal of February 11, 1988 .......... Page: 649
Point of order:
Representative Prosser rose to the point of order that Assembly Bill 682 [relating to discontinuing the indexing of the motor fuel and special fuel taxes] was required to be referred to the Joint Committee on Finance under section 13.093 of the Wisconsin Statutes.
121 [Note:] Sec. 13.093 (1), stats., reads: "All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed."
By freezing the rate of the motor fuel tax at the current 20% and abolishing future indexing, the bill was clearly a bill "providing for revenue or relating to taxation."
The point of order may not have been timely. The bill had been referred to, and reported by, the Assembly Committee on Ways and Means. Under A.Rule 45 (1), it should have been referred to the Joint Finance Committee before being scheduled. Since that had not been done, and the Assembly had just considered and rejected A.SubAmdt.2, it might have been better first to complete 2nd reading in order to obtain the Finance Committee's report on the version of the proposal given preliminary Assembly approval.
However, following consideration and rejection of A.Amdt.1 to A.Sub.Amdt.1, Rep. Schneider, Assembly Cochair of the Joint Finance Committee, moved that the bill be referred to his committee and it was so so referred, ayes-52, noes-45.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of October 15, 1987 .......... Page: 424
Point of order:
Representative Radtke rose to the point of order that Assembly Bill 553 [relating to the date of the 1988 spring primary, presidential preference primary and spring election and certain other dates for election-related events]
must be referred to the Joint Committee on Finance under section 13.093 (1) of the Wisconsin Statutes because of the adoption of assembly amendment 1 which contained a sum sufficient appropriation.
[Note:] Sec. 13.093 (1), stats., reads: "All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed." The word "passed" probably means final passage by both houses.
In a somewhat similar situation in 1978 (Sen. Jour., p. 1684), President pro tem. Risser ruled that 1977 AB 754 (inland lake protection) did not have to be referred to a joint survey committee following the adoption of S.Amdt.1: only "original measures are 'introduced', while amendments .... are 'offered' .... only original measures, not amendments, are referred to committee".
The effect of the "sum sufficient" in assembly amendment 1 was minimal. It provided funding only to conduct the 1988 presidential preference primary in municipalities not holding a 1988 spring election for any other purpose.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
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Assembly Journal of March 25, 1986 .......... Page: 994
Point of order:
Representative T. Thompson moved reconsideration of the vote by which assembly amendment 1 to senate amendment 1 to assembly amendment 23 to Senate Bill 120 [relating to campaign financing, providing a penalty and making an appropriation] was laid on the table. Entered.
122 Representative Prosser moved nonconcurrence in senate amendment 1 to assembly amendment 23 to Senate Bill 120.
The question was: Shall senate amendment 1 to assembly amendment 23 to Senate Bill 120 be nonconcurred in? The roll was taken. [Display of roll call vote omitted; ayes-48, noes-50.] Motion failed.
Representative R. Travis rose to the point of order that Senate Bill 120 was required to be referred to the Joint Committee on Finance under section 13.093 (1) of the Wisconsin Statutes.
