The Chair [President Risser] ruled the point not well taken.
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Senate Journal of March 31, 1978 .......... Page: 2250
[Point of order:]
By request of Senator Bablitch, with unanimous consent, all appointments were considered en masse with the exception of Catherine Conroy and Steven Pavich. [Intervening business; appointment of Catherine Conroy read.]
26 Senator Lorge raised the point of order that the appointment of Catherine Conroy was not properly before us.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
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Senate Journal of May 14, 1975 .......... Page: 698
[Point of order re qualification for appointment:]
Senator Sensenbrenner raised the point of order that, pursuant to section 15.34 of the state statutes, John Brogan was not eligible to serve on the DNR board because of his holdings in Midwest Gas Transmission Co.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken as section 15.34 relates to permit holders on the Natural Resources Board and Midwest Gas Transmission Co. holds no DNR permits.
Senate Journal of April 29, 1975 .......... Page: 621
[Point of order:]
Senator Whittow asked unanimous consent that the appointment of Holden be referred to committee on Senate Organization. Senator LaFave objected.
Senator Risser moved that the appointment of Holden be laid on the table.
Senator Whittow raised the point of order that the appointment could not be laid on the table. The chair took the point of order under advisement.
Senate Journal of May 1, 1975 .......... Page: 645
By request of Senator Whittow, with unanimous consent, his point of order raised on the appointment of Matthew Holden, Jr. on Wednesday was withdrawn.
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Senate Journal of June 7, 1973 .......... Page: 1202
[Tabling: motion may be applied to appointment]
By request of Senator Johnson, with unanimous consent, the appointment of Roland B. Day was taken from the committee on Health, Education and Welfare and considered for action at this time.
DAY, ROLAND B., of Madison, as a member of the University of Wisconsin System Board of Regents, to succeed David Carley, for the remainder of the unexpired term ending May 1, 1974.
The question was: Confirmation?
Senator Parys asked unanimous consent that the appointment of Roland B. Day be laid on the table. Senator Risser objected.
[Point of order:]
Senator Parys moved that the appointment of Roland B. Day be laid on the table.
Senator Risser raised the point of order that appointments must either be confirmed or rejected and not tabled.
27 The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-6, noes-26.] So the motion did not prevail.
The question was: Confirmation?
The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-28, noes-4.] So the appointment was confirmed.
Banking bills: 2/3 vote required (obsolete April 1981)
[Note:] In the election of April 1981, the voters repealed the former requirement that "banking" legislation could be passed only with the affirmative votes of 2/3 of the members elected to each house.
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Assembly Journal of March 13, 1980 .......... Page: 2655
Representative Thompson rose to the point of order that the adoption of assembly amendments to Assembly Bill 495 [relating to authorization to relocate a bank's principal office and to continue to operate the former principal office as a branch under certain circumstances] required a two-thirds vote but the assembly had adopted amendments on a voice vote. Representative Thompson cited the Wisconsin Supreme Court case of Loomis v. Callahan 196 Wis. 518 (1928). The speaker took the point of order under advisement.
Assembly Journal of March 13, 1980 .......... Page: 2656
The speaker [Jackamonis] ruled that the court case cited by Representative Thompson did not require a two-thirds vote on adoption of all assembly amendments to Assembly Bill 495. The point of order was ruled not well taken.
Assembly Journal of February 28, 1980 .......... Page: 2402
The question was: Assembly Bill 495 [relating to authorization to relocate a bank's principal office and to continue to operate the former principal office as a branch under certain circumstances] having been read three times, shall the bill pass?
The roll was taken. [Display of roll call vote omitted; ayes-63, noes-34.] Motion failed.
The speaker [Jackamonis] ruled that Assembly Bill 495 failed to pass because it required a two-thirds vote pursuant to Article XI, Section 4 of the Wisconsin Constitution.
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Senate Journal of April 2, 1980 .......... Page: 1816
Assembly Bill 495 [relating to authorization to relocate a bank's principal office and to continue to operate the former principal office as a branch under certain circumstances]. Read a third time. The ayes and noes were required and the vote was: ayes, 18; noes, 14; absent or not voting, 0; as follows:
28 Ayes - Senators Adelman, Bablitch, Bear, Berger, Braun, Cullen, Flynn, Frank, Harnisch, Johnston, Kleczka, Lorge, Moody, Risser, Strohl, Swan, Thompson and Van Sistine - 18.
Noes - Senators Bidwell, Chilsen, Goyke, Hanaway, Kreul, Krueger, Lasee, McCallum, Maurer, Offner, Opitz, Radosevich, Roshell and Theno - 14.
Absent or not voting - None.
Less than two-thirds having voted in the affirmative the bill did not pass.
Senate Journal of April 2, 1980 .......... Page: 1828
[Point of order:]
Senator Lorge moved reconsideration of the vote by which Assembly Bill 495 failed to be concurred in.
Senator Chilsen raised the point of order the motion for reconsideration was not proper because Senator Lorge did not vote with the prevailing side.
The chair [Pres. Risser] ruled the point of order well taken.
Senate Journal of April 2, 1980 .......... Page: 1832
[Point of order:]
Senator Lorge moved that the record on Assembly Bill 495 be expunged.
Senator Flynn raised the point of order that the motion was not properly before the Senate.
The chair ruled the point of order well taken.
Senate Journal of April 2, 1980 .......... Page: 1835
[Motion:]
Senator Lorge moved that Assembly Bill 495 be referred to committee on Senate Organization.
The chair ruled the motion was out of order.
1 9 7 7 A S S E M B L Y
Assembly Journal of March 28, 1978 .......... Page: 4075
Point of order:
Representative Travis rose to the point of order that Senate Bill 322 [relating to permitting credit unions to levy maintenance charges on dormant accounts] required a two-thirds vote of all elected members because it was a general banking law under Article XI, Section 4 of the Wisconsin Constitution. The speaker [Jackamonis] ruled the point of order not well taken based on past precedents in judicial decisions, opinions of the attorney general and rulings of the chair.
Assembly Journal of April 13, 1977 .......... Page: 613
Point of order:
Representative Hanson rose to the point of order that Assembly Bill 254 [relating to permitting irrevocable burial trusts] was banking legislation and required a two-thirds vote of all elected members for passage pursuant to Article XI, Section 4 of the Wisconsin Constitution. The chair took the point of order under advisement.
29Assembly Journal of April 13, 1977 .......... Page: 617
The speaker [Jackamonis] ruled not well taken the point of order raised by Representative Hanson that Assembly Bill 254 required a two-thirds vote of all elected members because it was banking legislation under Article XI, Section 4 of the Wisconsin Constitution.
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Senate Journal of March 2, 1978 .......... Page: 1877
[Point of order:]
Senator Petri raised the point of order that Senate Bill 246 [relating to allowing savings and loan associations to make consumer loans] needs a two-thirds vote to pass, since it pertains to banking legislation. The chair took the point of order under advisement.
Senate Journal of March 9, 1978 .......... Page: 1926 Ruling of the chair:
On Thursday, March 2, 1978, Senator Petri raised the point of order that Senate Bill 246, relating to allowing savings and loan associations to make consumer loans, was banking legislation and required a two-thirds vote to pass. The chair took the point of order under advisement. Article XI, Section 4, of the Wisconsin Constitution provides:
The legislature shall have power to enact a general banking law for the creation of banks, and for the regulation and supervision of the banking business, provided that the vote of two-thirds of all the members elected to each house, to be taken by yeas and nays, be in favor of the passage of such law.
Perhaps the most concise and useful guidelines as to what is and is not banking legislation can be found in a 1961 ruling of the chair (1961 Senate Journal, page 1599) where the following points are made:
*-general laws which apply to other institutions as well as banks are not banking legislation. *-bills which do not affect Wisconsin statute chapters 220-224 (which relate specifically to banking) are not banking legislation. *-Article XI, Section 4, must be strictly construed in the interest of effective legislation.
More detailed histories of the strict construction of Article XI, Section 4 can be found in the Senate Journal of April 14, 1977 (page 398) and the Assembly Journal of February 22, 1972 (page 3743).
Since Senate Bill 246 relates solely to the powers of savings and loan associations, not banks, and since there is nothing in Senate Bill 246 which purports to affect the creation, regulation or supervision of the banking business, the chair feels compelled to rule the point of order raised by Senator Petri not well taken.
FRED A. RISSER
President pro tempore
Senate Journal of March 31, 1977 .......... Page: 310
[Point of order:]
Senator Berger raised the point of order that Senate Bill 55 [relating to exempting loans of $100,000 or more from the usury statutes] was banking legislation and therefore would require 22 affirmative votes for passage.
