6 [Background:] After Rep. Hauke (majority leader) moved that the assembly stand adjourned, Rep. Welch "moved that the rules be suspended and that Senate Bill 300 be
withdrawn from the committee on Rules and taken up at this time". The chair [Rep. Clarenbach, speaker pro tem] ruled the motion out of order because a motion to adjourn was pending.
Point of order:
Representative Welch rose to the point of order that the motion was proper under Assembly Rule 90 (3).
[Note:] Assembly Rule 90 (3) A unanimous consent request or a motion to suspend the rules may be made at any time under any order of business by a member who obtains the floor, but not while the assembly is voting.
Technically, Rep. Welch may have been correct; see also Assembly Rules 65 (1) (a) and (c) which provide that a motion to suspend the rules outranks a motion to adjourn.
However, this was the last day of the final general business floorperiod; it was Friday night, the time was almost 11:30 p.m., and the session would end at midnight. It was not likely that the Senate could establish its position on the annual budget (AB 850) by that time, and return the bill to the Assembly for concurrence in amendments.
Speaker pro tem. Clarenbach probably based his ruling on Assembly Rule 90 (4), which says that "motions to suspend the rules shall not be permitted for .... clearly dilatory purposes".
As shown be the subsequent action, the Assembly wanted to go home:
Representative Loftus moved that the assembly stand adjourned pursuant to Assembly Joint Resolution 1.
The question was: Shall the assembly stand adjourned pursuant to Assembly Joint Resolution 1? The roll was taken. [Display of roll call vote omitted; ayes-54, noes-42.] Motion carried. The assembly stood adjourned.
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Assembly Journal of March 26, 1986 .......... Page: 1042
Point of order:
Representative T. Thompson rose to the point of order that Assembly Resolution 23 [relating to further consideration of proposals pending in the assembly] was not privileged and was in conflict with the provisions of the session schedule (Assembly Joint Resolution 1).
[Note:] On 3/26/86 the senate adjourned at 7:12 p.m., thus terminating its participation in floorperiod V under the session schedule. The assembly stayed in session.
At 11:25 p.m., Speaker Loftus offered A.Res.23 to focus assembly procedures on measures that could still be enacted, even with the senate gone. AB 229 on faculty collective bargaining was such a bill: except for a senate amendment, both houses had already agreed to it.
7 The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.
Assembly substitute amendment 1 to Assembly Resolution 23 offered by Representative Loftus.
Representative Loftus moved that the rules be suspended and that Assembly Bill 229 be withdrawn from the calendar and taken up at this time. [Intervening text omitted]
Representative Becker moved that the assembly stand adjourned pursuant to Assembly Joint Resolution 1. [Display of roll call vote omitted; ayes-79, noes-19.] Motion carried.
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Assembly Journal of June 16, 1983 .......... Page: 264
[Repetitive calls dilatory:]
Representative T. Thompson requested a call of the assembly. There were sufficient seconds. The sergeant-at-arms was directed to close the doors and the chief clerk to call the roll. [Display of roll call omitted; absent with leave-0, absent without leave-1.]
Representative Johnson asked unanimous consent that the call of the assembly be lifted. Granted.
Representative T. Thompson moved a call of the assembly.
Speaker Loftus ruled the motion out of order under Assembly Rule 88.
[Intervening business: roll call vote to reject A.Res.13 failed.]
Representative T. Thompson requested a call of the assembly. There were sufficient seconds.
The sergeant-at-arms was directed to close the doors and the chief clerk to call the roll. [Display of roll call omitted; absent with leave-0, absent without leave-3.] Representative Johnson asked unanimous consent that the call of the assembly be lifted. Representative T. Thompson objected.
Representative T. Thompson moved that the absent members be located.
The question was: Shall the absent members be located? Motion failed.
Representative Johnson asked unanimous consent that the assembly stand recessed for ten seconds.
Granted. The assembly stood recessed.
[Note:] Under A.Rule 87 (3), a call is lifted when the assembly recesses or adjourns.
The assembly reconvened. 5:48 p.m.
Representative T. Thompson moved a call of the assembly.
The speaker [Loftus] ruled the motion out of order.
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Assembly Journal of April 8, 1982 .......... Page: 3320
8 [Background: 1981 SB 783, a multi-issue budget adjustment bill, had been special ordered for 10 a.m. on Thursday (4/8/82) but was not called up. According to the journal,
the speaker called up the special order after the majority leader moved adjournment to 10 a.m. on Tuesday, but before the adjournment motion was put to the body.]
Point of order:
Representative Thompson rose to the point of order that Senate Bill 783 was not properly before the assembly at this time because a motion to adjourn was pending.
[Note:] If the majority leader really intended to adjourn, he could have immediately renewed the motion.
Instead, both the majority leader and the minority leader made unanimous consent requests, concerning disposition of amendments to 1981 SB 783 and concerning reconsideration of the vote by which the bill had failed to reach 3rd reading.
When all unanimous consent requests failed, the majority leader renewed the motion to adjourn and the assembly adjourned.
The speaker [Jackamonis] ruled the point of order not well taken.
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Senate Journal of March 28, 1974 .......... Page: 2649
[Member moving to adjourn must have the floor:]
Senator Petri moved reconsideration of the vote by which Assembly Bill 23 was ordered to a third reading.
Senator Steinhilber asked unanimous consent that the senate return to the seventh order of business. Senator Risser objected.
Senator Steinhilber moved that the senate adjourn.
The chair [Lt.Gov. Schreiber] ruled that Senator Steinhilber did not have the floor to enter a motion for adjournment.
[Point of order:]
Senator Devitt raised the point of order that Senator Steinhilber still had the floor.
The chair ruled the point of order not well taken.
Senate Journal of March 26, 1974 .......... Page: 2573
[Adjourn, to same day is "recess":]
Senator Steinhilber moved that the senate stand adjourned until 9:00 A.M. Wednesday, March 27.
Senator Flynn moved to amend the time to 8:00 A.M.
Senator Whittow moved rejection of the amendment. The motion prevailed.
Senator M. Swan moved to amend the time to 8:00 P.M. tonight.
[Point of order:]
Senator Hollander raised the point of order that the amendment was not germane. ( The chair [Lt.Gov. Schreiber] ruled the point of order well taken as an amendment to 8:00 P.M. would be a recess motion and not an adjournment motion.
9Senate Journal of March 20, 1974 .......... Page: 2507
[Adjourn: simple motion not amendable]
Senator Risser moved a call of the senate.
Senator Johnson moved that the senate adjourn.
Senator Risser moved to amend the adjournment motion.
The chair [Lt.Gov. Schreiber] ruled that the motion to adjourn was not amendable.
Senator Risser appealed the ruling of the chair. Senator Knowles raised the point of order that pursuant to senate rule 68 the question was nondebatable.
The chair ruled the point of order well taken. [Intervening text omitted.]
As it relates to the ruling that the motion to adjourn is nonamendable, the question was: Shall the ruling of the chair stand as the decision of the senate? The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-20, noes-12.] So the ruling of the chair was sustained.
Administrative rules: legislative review of
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Assembly Journal of June 9, 1981 .......... Page: 629
Point of order:
Representative Loftus rose to the point of order that assembly amendment 1 to Senate Bill 359 [relating to demerit points for traffic convictions] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
[Note:] A bill introduced by JCRAR "to support the objection" to promulgation of a proposed administrative rule must be very narrowly drafted so as not to interfere with administrative rule-making generally.
The speaker [Jackamonis] ruled the amendment not germane under Assembly Rule 54 (3) (f) and the point of order well taken. The speaker stated that amendments which might otherwise be germane to the bill, are not germane in this case because of the limited scope of Senate Bill 359. The bill was introduced pursuant to section 227.018 (5) (e) of the Wisconsin Statutes to fulfill the statutory purpose of ratifying the action of the Joint Committee for Review of Administrative Rules.
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Assembly Journal of April 26, 1979 .......... Page: 457
Point of order:
10 Representative Tuczynski rose to the point of order that assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 40 [relating to restricting the pay of a public employe receiving a retirement benefit from a public employe retirement system, granting rule-making authority ....] was not germane under Assembly Rule 54 (3) (b) and (f) [substantial expansion of scope].
[Note:] Both the bill, and A.Sub.1, vested rule-making authority in the secretary of employe trust funds subject to the then established procedures under ch. 227, stats.
A.Amdt.3 proposed for such rules the administrative rules review and clearinghouse procedure later enacted as part of Chap. 34, Laws of 1979 (budget act).
The chair [Rep. Kirby] ruled the point of order not well taken.
Adverse disposition: defeated proposal not to start again in same house
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Assembly Journal of March 6, 1986 .......... Page: 825
Point of order:
Representative Schmidt rose to the point of order that Assembly Bill 628 [relating to survivorship and guardianship rights to motor fuel dealerships] was not properly before the assembly under Joint Rule 83 (3) and Assembly Rule 49 (2) because it was identical to Assembly Bill 511.
[Note:] Because AB 511 had not been listed in the save resolution (85 ARes-12) of proposals to be considered in 1986, the bill was properly deemed adversely disposed of and recorded as "failed to pass" pursuant to Jt.Rule 83 (3). Once a proposal has been adversely disposed of, a substantially similar proposal originating in the same house cannot be considered; see A.Rule 49 (2).
1985 ARes-18 (below) was designed to add AB 511 to the save list and thus remove the A.Rule 49 (2) objection to the consideration of AB 628. As a resolution relating to a procedure of the assembly, ARes-18 was privileged under A.Rule 43 (1) to be introduced under any order of business and to be "taken up immediately before all other proposals then pending, unless referred"....
Representative Loftus introduced a privileged resolution.
Assembly Resolution 18, relating to floorperiod V consideration of proposals pending in the assembly. By Representative Loftus.
Representative T. Thompson rose to the point of order that Assembly Resolution 18 was not privileged.
