Ruling of the chair [Pres. Risser]:
Earlier today the Senator from the 10th, Senator Harsdorf, raised the point of order that Joint Rule 41 (a) required that Assembly Bill 16 have a Fiscal Estimate prepared.
Joint Rule 49 requires the presiding officer to determine if a fiscal estimate is required. A reading of the bill does not reveal any immediate indication of where there may be an increase or decrease in fiscal liability to local or state government. Since Joint Rule 41 (a) and Sec. 13.093 (2) (a) of the statutes require that only bills making an appropriation or increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall have a fiscal estimate, it is the opinion of the chair that Assembly Bill 16 does not fall into this category, does not therefore require a fiscal estimate and the point of order raised by the Senator from the 10th, Senator Harsdorf, is not well taken.
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Assembly Journal of March 16, 1982 .......... Page: 2715
Point of order:
Representative Tregoning rose to the point of order that Assembly Bill 839 [relating to wetland protection, duration of permits relating to navigable waters, permit requirements for certain activities conducted near navigable waters, removal of materials from certain waterways and granting rule-making authority] was required to be referred to the Joint Committee on Finance.
[Note:] Although the fiscal estimate by the Department of Natural Resources claimed a possible maximum cost of $356,000 per year, neither the bill nor A.Sub.1 (which was pending), provided any funding.
See s. 13.093 (1), stats.: "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 speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of October 21, 1981 .......... Page: 1361
Point of order:
126 Representative Shabaz rose to the point of order that Assembly Bill 248 [relating to a school board's obligation to provide transportation for pupils attending private school] was
required to be referred to the Joint Committee on Finance under section 13.10 (1) of the Wisconsin Statutes.
The speaker [Jackamonis] ruled the point of order not well taken because the bill did not provide for an appropriation.
Assembly Journal of October 21, 1981 .......... Page: 1362
Point of order:
Representative Flintrop rose to the point of order that Assembly Bill 248 required a local fiscal estimate under section 13.10 (2) (a) of the Wisconsin Statutes.
[Note:] When the point of order was raised, the assembly had already adopted A.Sub.1 and A.Amdt.3 thereto (A.Jour., p. 1360).
The speaker [Jackamonis] ruled the point of order not well taken because a local fiscal estimate had been prepared on the original bill and one was not required on the substitute amendment.
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Senate Journal of April 1, 1982 .......... Page: 1942
Point of order:
Senator Kleczka moved that Assembly Bill 887 [relating to consideration for small businesses in state agency rule making] be referred to joint committee on Finance.
Senator Bablitch raised the point of order that Assembly Bill 887 does not have to be referred to joint committee on Finance. The chair took the point of order under advisement.
[Note:] A bill may have a significant fiscal impact without having to be referred to the joint committee on finance. For 1981 AB 887, the department of administration estimated one-time costs of $351,800 and continuing annual costs of $178,008.
Referral to the joint committee on finance is required under s. 13.093 (1), stats.: "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".
1981 AB 887 did not appropriate money and did not provide for revenue or relate to taxation.
[No further action.]
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Assembly Journal of March 18, 1980 .......... Page: 2838
Point of order:
Representative Loftus rose to the point of order that Assembly Bill 1228 must be referred to the Joint Committee on Finance under section 13.10 of the Wisconsin Statutes because section 10 of the bill has a state fiscal impact.
127 The chair [Speaker Jackamonis] ruled the point of order not well taken because the language in section 10 of the bill had been removed.
Assembly Journal of January 24, 1980 .......... Page: 1910
Point of order:
Representative Loftus rose to the point of order that Assembly Bill 1065 [relating to injury by improper use of a noxious substance and providing a penalty] needed to be referred to the Joint Committee on Finance. The speaker took the point of order under advisement. [Intervening text omitted.]
[Note:] The bill had fiscal estimates from the director of state courts, the state public defender, DILHR, and the division of corrections in DH&SS. However, referral to the Joint Committee on Finance is mandatory only for bills .... "for the appropriation of money, providing for revenue or relating to taxation" [s. 13.10 (1), 1977 stats.], and this bill did not do any of those things.
The speaker [Jackamonis] ruled not well taken the point of order raised by Representative Loftus that Assembly Bill 1065 needed to be referred to the Joint Committee on Finance.
Assembly Journal of January 22, 1980 .......... Page: 1863
Point of order:
Representative Quackenbush rose to the point of order that Assembly Bill 883 [relating to duration of dispositional orders for children adjudged delinquent whose legal custody has been transferred to the department of health and social services] needed to be referred to the Joint Committee on Finance under section 13.10 of the Wisconsin Statutes.
[Note:] According to a detailed fiscal estimate by the Division of Corrections, DH&SS, extending the duration of dispositional orders to one year carried a $1,154,000 price tag.
However, cost alone does not require referring a proposal to the Joint Committee on Finance. Under s. 13.10 (1) [1977 stats.], such referral is mandatory only for bills .... "for the appropriation of money, providing for revenue or relating to taxation".
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of May 3, 1979 .......... Page: 515
Point of order:
Representative Fischer rose to the point of order that Assembly Bill 267 [relating to valuation of agricultural lands] was required to be referred to the Joint Committee on Finance under section 13.10 of the Wisconsin Statutes. ( The speaker [Jackamonis] ruled the bill would have to be referred to the Joint Committee on Finance prior to passage.
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Assembly Journal of September 21, 1977 .......... Page: 2175
Point of order:
Representative Thompson rose to the point of order that Senate Bill 559 was required to be referred to the Joint Committee on Finance.
The speaker [Jackamonis] ruled the point of order not well taken because the bill had been referred to the Joint Committee on Finance by the senate on Tuesday, September 20.
Assembly Journal of September 21, 1977 .......... Page: 2154
Point of order:
Representative Murray rose to the point of order that assembly substitute amendment 2 to Assembly Bill 432 was required to be referred to the Joint Committee on Finance.
The chair ruled the point of order not well taken.
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Senate Journal of September 20, 1977 .......... Page: 1189
[Point of order:]
Senator Thompson raised the point of order that Senate Bill 130 [relating to retirement benefits for protective service employes] was required by statute to be referred to the joint committee on Finance.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken pursuant to section 13.10 of the state statutes.
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Assembly Journal of September 3, 1975 .......... Page: 1623
Point of order:
Representative Willkom asked unanimous consent that the rules be suspended and that Assembly Bill 385 [relating to the establishment of state recreation and wildlife areas by the department of natural resources granting rule-making
authority and making an appropriation] be given a third reading. Representative Porter objected.
Representative Willkom moved that the rules be suspended and that Assembly Bill 385 be given a third reading.
Representative Shabaz rose to the point of order that Assembly Bill 385 was required to be referred to the joint committee on Finance.
The speaker [Anderson] ruled the point of order well taken.
Representative Willkom asked unanimous consent that Assembly Bill 385 be referred to the joint committee on Finance. Granted.
Representative Willkom moved that the rules be suspended and that Assembly Bill 385 be withdrawn from the joint committee on Finance and taken up at this time.
129 The question was: Shall the rules be suspended and that Assembly Bill 385 be withdrawn from the joint committee on Finance and taken up at this time?
The roll was taken. [Display of roll call vote omitted.] Motion failed.
Assembly Journal of April 29, 1975 .......... Page: 668
Point of order:
Representative Willkom asked unanimous consent that Assembly Bill 213 [relating to agricultural commodity producers' payments to growers, granting rule-making authority and providing a penalty] be referred to joint committee on Finance. Granted.
Representative Willkom asked unanimous consent that the rules be suspended and that Assembly Bill 213 be withdrawn from the joint committee on Finance and taken up at this time. Representative Gower objected.
Representative Willkom moved that the rules be suspended and that Assembly Bill 213 be withdrawn from the joint committee on Finance and taken up at this time.
Representative Shabaz rose to the point of order that the motion was not in order because Wisconsin Statutes 16.47 (2) and Joint Rule 24 (2) and Joint Rule 24 (11) precluded withdrawing the bill from the joint committee on Finance and passing it at this time without an emergency statement.
The speaker [Anderson] ruled the point of order not well taken because assembly amendment 2 with its adoption became part of the bill as defined in Wisconsin Statutes 16.47 (2) and because Joint Rule 24 (11) was permissive not mandatory.
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Senate Journal of February 5, 1974 .......... Page: 2092
[Point of order:]
By request of Senator Hollander, with unanimous consent, Assembly Bill 876 [relating to towing charges for impounded vehicles] was referred to the joint committee on Finance.
Senator Hollander asked unanimous consent that Assembly Bill 876 be withdrawn from the joint committee on Finance and considered for action at this time. Senator Dorman objected.
Senator Hollander moved that Assembly Bill 876 be withdrawn from the joint committee on Finance and be considered for action at this time.
Senator Dorman raised the point of order that the senate body could not withdraw Assembly Bill 876 from the joint committee on Finance, as they did not have jurisdiction at this point.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken. The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-25, noes-1.] More than two-thirds having voted in the affirmative the motion prevailed.
Senate Journal of July 26, 1973 .......... Page: 1504
[Point of order:]
Senator Hollander raised the point of order that Senate Bill 689 [relating to funding for the construction of intrastate and interstate bridges and making an appropriation] had a fiscal note and was required to go to the joint committee on Finance.
130 The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senator Lorge appealed the ruling of the chair. The question was: Shall the ruling of the chair stand as the decision of the senate?
