Point of order:
Representative Johnson rose to the point of order that assembly amendment 10 to Assembly Bill 7, October 1983 Special Session, was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.10 proposed to exempt "real property used as a cherry or apple orchard" from the property tax.
Representative Johnson withdrew his point of order.
Assembly Journal of October 27, 1983 .......... Page: 542
Point of order:
Representative T. Thompson rose to the point of order that assembly substitute amendment 1 to Assembly Bill 3, October 1983 Special Session [relating to limiting this state's jurisdiction to tax foreign corporations], was not germane under Assembly Rules 93 (1) [in special session, amendment must fit within call] and 54 (3) (f) [substantial expansion of scope].
Representative T. Thompson also rose to the point of order that assembly substitute amendment 1 to Assembly Bill 3, October 1983 Special Session was not properly before the assembly under Assembly Rule 55 (1) (a) [sequence of considering amendments].
[Note:] The bill was limited to tax nexus for Wisconsin activities by foreign corporations.
A.Sub.1 did not address the area covered by the bill but, rather, proposed cutting the corporate income tax rate from 7.9% to 7.82% for all payers.
The speaker [Loftus] ruled the amendment not germane to the special session call and out of order under Assembly Rule 93 (1).
Assembly Journal of October 27, 1983 .......... Page: 542
Point of order:
Representative Johnson rose to the point of order that assembly amendment 1 to Assembly Bill 3, October 1983 Special Session [relating to limiting this state's jurisdiction to tax foreign corporations], was not germane under Assembly Rule 93 (1) [in special session, amendment must fit within call].
[Note:] A.Amdt.1 dealt with taxation of the combined income of any interrelated corporations doing business in this state.
The speaker [Loftus] ruled the point of order well taken.
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Assembly Journal of May 28, 1982 .......... Page: 3534
Point of order:
414 Representative Loftus rose to the point of order that assembly amendment 1 to Assembly Resolution 1, May 1982 Special Session [requesting the governor to expand the call of the May 1982 special session of the legislature to include proposals relating to restriction of abortions in public hospitals] was not germane under Assembly Rule 54 (1) [nature of proposal changed].
[Note:] A.Amdt.1 proposed to change the resolution from a request for expanding the special session to a request for an extraordinary session to be called by the organization committees of the 2 houses.
While the amendment did relate to the operation of the assembly, it did not relate to the "organization of the legislature during the special session" as required by A.Rule 93 (1).
The speaker [Jackamonis] ruled the point of order well taken and the amendment not germane under Assembly Rule 54 (1) and Assembly Rule 93 (1) [germaneness to special session call].
Representative Thompson appealed the decision of the chair.
Representative Thompson asked unanimous consent to withdraw his appeal. Granted.
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Assembly Journal of June 25, 1980 .......... Page: 3649
Point of order:
Representative Shabaz rose to the point of order that the language on page 1, lines 18 and 19 of the conference committee report on Assembly Joint Resolution 2, June 1980 Special Session [relating to revising the right to bail and authorizing the legislature to permit circuit courts to deny release on bail for a limited period to certain accused persons (first consideration)] was not germane to the special session call as required by Assembly Rule 93 (1).
[Note:] June 1980 AJR 2 had been introduced by the "committee on Assembly Organization, by request of Governor Lee Sherman Dreyfus" under paragraph (1) of the governor's proclamation of May 22, 1980, which read:
"(1) Amending Section 8 of Article I of the Wisconsin Constitution to authorize the Legislature by statute to permit circuit courts to deny release on bail for a limited period to certain accused persons."
On June 26, 1980, the governor issued a supplementary call to amend paragraph (1) to read:
"(1) Amending Section 8 of Article I of the Wisconsin Constitution, relating to revising the right to and conditions of bail and authorizing the
Legislature, by law, to permit circuit courts to deny release on bail for a limited period to certain accused persons."
The supplementary call permitted introduction of Assembly Joint Resolution 9, June 1980 Special Session, which passed both houses.
The speaker [Jackamonis] ruled the point of order well taken because the language in the conference committee report related to the regulation of bail and was self-executing.
415Indefinite postponement motion
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Assembly Journal of February 23, 1982 .......... Page: 2348
[Background: while disposition of A.Amdt.8 to A.Sub.2 to AB 452 remained undecided, Rep. Thompson (by unanimous consent) withdrew his pending motion to table AB 452 and then moved indefinite postponement of AB 452.]
Point of order:
Representative Jackamonis rose to the point of order that the motion was not in order because assembly amendment 8 to assembly substitute amendment 2 to Assembly Bill 452 [relating to employment relations in higher education and making an appropriation] was pending.
[Note:] Under A.Rule 65 (2), tabling has a higher priority than amending but amending has a higher priority than indefinite postponement.
The chair [Rep. Clarenbach] ruled the point of order well taken.
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Senate Journal of May 24, 1973 .......... Page: 1127
[Point of order:]
Senator LaFave raised the point of order that indefinite postponement [of Senate Bill 203, relating to the right to be reimbursed under accident and health policies for chiropractic services] had already been voted on previously.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken [there had been intervening business].
Interruptions: when authorized
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Assembly Journal of June 17, 1983 .......... Page: 270
[Division of question is authorized interruption]
Representative Johnson asked unanimous consent for a division of assembly amendment 6 to assembly amendment 4 to Senate Bill 83 [relating to state finances and appropriations, constituting the executive budget bill of the 1983 legislature, and making appropriations]. Granted.
Point of order:
Representative T. Thompson rose to the point of order that the request for a division was not proper because Representative Johnson did not have the floor and was interrupting a speaker. The speaker took the point of order under advisement. [Intervening business.]
416 The speaker [Loftus] ruled Representative Johnson's request for a division of assembly amendment 6 to assembly amendment 4 to Senate Bill 83, while another member was speaking, proper under section 92 of Mason's Legislative Manual.
Mason's Legislative Manual, Section 92: 2. The speaker may be interrupted for the following purposes: (j) Call for a division of a question. [Note:] At the opening of the 1989 Session, the assembly adopted Assembly Rule 57 (1) (h): "Requesting a division of the question [rule 80]" is an authorized interruption.
Assembly Journal of June 21, 1983 .......... Page: 272
Representative Johnson asked unanimous consent to withdraw his request for a division of assembly amendment 6 to assembly amendment 4 to Senate Bill 83. Granted.
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Assembly Journal of March 16, 1976 .......... Page: 3339
Point of order:
Representative Sicula rose to the point of order that he was allowed to raise a point of order on the germaneness of assembly amendment 6 to Senate Bill 255 while the roll call was being taken under Assembly Rule 9 (2) [point of order may be raised at any time except while motion to adjourn is before the assembly].
The chair ruled that interruption of a roll call was not permitted under Assembly Rule 15 (5) (c) and the point of order was not well taken.
[Note:] The issue was settled in the 1977 adoption of the assembly rules (A.Res. 6) which created the following rule:
"Any interruption of a roll call vote, from the time the voting machine is opened or the calling commenced to the announcement of the official totals by the presiding officer, shall be out of order except to raise a point of order concerning the taking of the vote."
Introduction and committee referral of proposal
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Senate Journal of January 23, 1980 .......... Page: 1143
[Point of order:]
417 Senator Opitz raised the point of order that Senate Bill 500 [relating to energy resources, granting rule-making authority, making appropriations and providing penalties] was not properly before the senate because it was not introduced in accordance with Joint Rule 82.
[Note:] 1979 SB 500 was introduced on 1/4/80 (a day on which the senate did not meet) "by the Senate Select Committee on Energy". The committee had been established by 1979 S.Res.8 as "a special committe on energy", to serve until the conclusion of the 1979 regular session.
The rule cited does not mention a "select" committee, but specifically authorizes the chair of any special committee to offer, during any scheduled committee work period, bills "on behalf of that special committee and within the special committee's scope".
The chair [Pres. Risser] ruled the point of order not well taken.
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Senate Journal of March 28, 1974 .......... Page: 2628
[Point of order:]
[Assembly Bill 1511, "relating to a tax on copper mining".] Read first time and laid on the table.
Senator Keppler raised the point of order that the chair must refer the assembly bills on the message to some committee.
The chair referred the bill to the committee on Natural Resources.
Journal: contents of
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Assembly Journal of March 8, 1990 .......... Page: 814
Representative Prosser moved that a transcript of the assembly floor debate on Assembly Joint Resolution 2 [relating to abolishing, over a 10-year period, the use of the property tax for school operations (2nd consideration)] be published in the Assembly Journal contingent upon adoption by both houses of the Legislature.
Representative Loftus moved that the previous motion be amended to also include a transcript of the assembly floor debate on Assembly Joint Resolution 18 [relating to the right to keep and bear arms (first consideration)] from Tuesday, March 6, also contingent upon adoption by both houses of the Legislature.
Representative Loftus requested a division of the motion as follows:
Part 1: Transcript of debate on Assembly Joint Resolution 2
Part 2: Transcript of debate on Assembly Joint Resolution 18. Granted.
Representative Loftus asked unanimous consent that Part 1 of the motion be placed after Part 2 of the motion. Granted.
Representative Radtke moved that Part 2 of the motion be laid on the table.
Point of order:
418 Representative Loftus rose to the point of order that the motion to table the motion to publish transcripts of debate was not in order under the Assembly Rules.
[Note:] No transcript of floor debate has ever been published in the Wisconsin legislature. Limited transcripts were published in the constitutional conventions. Based on the congressional model, transcripts of debates should be published in a "record"; not, in a journal of proceedings.
Any motion "involving distinct and independent propositions" may be divided; A.Rule 80 (1).
Procedural motions (motions relating to the immediate conduct of the current business) are usually not debatable (A.Rule 67), but the motion to table may be debated for 10 minutes (limited to 2 min/member); A.Rule 74 (2). Procedural motions usually may not be placed on the table; A.Rule 74 (3).
The chair took the point of order under advisement. [No ruling found.]
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Senate Journal of February 21, 1980 .......... Page: 1385
[Background: Senator Lorge moved that Senate Joint Resolution 9 be withdrawn from committee on Human Services and be referred to committee on Senate Organization.
