[Note:] A "parliamentary inquiry" might have informed the members as to the vote required. A "point of order" is appropriate only to obtain a decision by the presiding officer concerning an issue currently before the house. Had the resolution been adopted by a majority but less than 2/3, a point of order might have been appropriate (the actual vote was 76 to 21). Since the roll had not been called, there was no issue.
Although My6AJR 2 was adopted and concurred in, both houses subsequently agreed to the report submitted by the first conference committee.
The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not timely.
Senate Journal of April 6, 1984 .......... Page: 874
[Point of order:]
The question was: Adoption of the Committee of Conference Report [on Assembly Bill 706, relating to the financial assistance program for septic tank replacement and rehabilitation]?
Senator Lee raised the point of order that the Committee of Conference Report was not germane.
[Note:] When a conference committee submits its report, the proper motions are to adopt or to reject the report, including any legislation which the committee has "attached to and made a part of" the report. Under J.Rule 3 (3): "Approval of the conference report by a roll call vote in each house sufficient to constitute final passage of the proposal shall be final passage of the bill or joint resolution in the form and with the changes proposed by the report".
Since there is no separate vote on the legislation submitted with the conference report, such legislation is never directly before the house and, therefore, its germaneness cannot be challenged by a point of order.
While J.Rule 3 (1) implies that a conference committee is to make its recommendation within the limits of the disagreement between the 2 houses, it is up to the legislature to adopt or reject the report.
In adopting the report, the legislature gives its approval to the manner in which the conference committee has used its authority.
The chair [Pres. Risser] ruled the point of order not well taken.
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Assembly Journal of April 7, 1982 .......... Page: 3305
Motion:
Representative Thompson asked unanimous consent that the rules be suspended and that Senate Bill 712 [relating to senate and assembly districts] be made a special order of business at 4:00 P.M. today.
The speaker [Jackamonis] ruled the request out of order because Senate Bill 712 was in a conference committee.
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Assembly Journal of June 25, 1980 .......... Page: 3649
Point of order:
69 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.
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Senate Journal of March 4, 1980 .......... Page: 1443
[Background: The question was: Concurrence of assembly substitute amendment 1 to Senate Bill 260, relating to patient access to medical records? Senator Berger moved nonconcurrence of assembly substitute amendment 1.]
The question was: Nonconcurrence of assembly substitute amendment 1?
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-22, noes-10.] So the motion prevailed.
Senator Berger asked unanimous consent that the senate appoint a Committee of Conference on Senate Bill 260. Senator Kleczka objected.
Senator Berger moved that the senate appoint a Committee of Conference on Senate Bill 260.
Senate Journal of March 4, 1980 .......... Page: 1444
[Point of order:]
Senator Kleczka raised the point of order that the motion to appoint a Committee of Conference was not timely.
By request of Senator Berger, with unanimous consent, he withdrew his motion to appoint a Committee of Conference.
By request of Senator Berger, with unanimous consent, all action on Senate Bill 260 was ordered immediately messaged.
The Chair [Pres. Risser] ruled that because Senator Berger withdrew his motion to appoint a Committee of Conference the point of order raised by Senator Kleczka was moot.
70Senate Journal of February 19, 1980 .......... Page: 1365
[Background: Assembly Bill 596, relating to exempting solar energy home heating systems and electricity generating devices from the property tax. Read.]
The question was: Shall the senate adhere to its position?
Senator Flynn in the chair.
Senator Bablitch moved that the senate recede from its position.
The question was: Shall the senate recede from its position?
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-14, noes-16.] So the motion did not prevail.
The question was: Shall the senate adhere to its position?
[Point of order:]
Senator Bablitch raised the point of order that a tie vote on the question of adherence would have the same effect as the senate receding from its position.
The chair [Sen. Flynn] ruled the point of order untimely.
Senator Berger asked unanimous consent that the senate adhere to its position and appoint a Committee of Conference. Senator Bablitch objected.
Senator Berger moved that the senate adhere to its position and appoint a Committee of Conference.
By request of Senator Bablitch, with unanimous consent, the motion was divided into two parts.
The question was: Shall the senate adhere to its position?
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-17, noes-13.] So the senate adheres to its position.
By request of Senator Bablitch, with unanimous consent, the chair will appoint members of the Committee of Conference on Senate Bill 596.
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Assembly Journal of February 16, 1977 .......... Page: 300
Point of order:
Representative Shabaz rose to the point of order that Representative Johnson could not be appointed to the committee of conference on Senate Bill 63 pursuant to Sections 45 and 46 of Jefferson's Manual because he had voted "Aye" on receding from the assembly's position on assembly amendment 1. Representative Shabaz stated that although Representative Johnson had voted for concurrence in
Senate Bill 63, he did not support assembly amendment 1, and therefore, could not represent the position of the majority of the assembly.
The speaker [Jackamonis] ruled that it is not necessary to have voted with the majority on consideration of amendments in order to be appointed to serve on the conference committee. Therefore, the point of order is not well taken.
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Assembly Journal of July 9, 1975 .......... Page: 1411
Point of order:
71 Representative Azim rose to the point of order that the conference committee report [on Assembly Bill 725; relating to provisions of professional liability insurance policies for health care providers] required a fiscal note pursuant to Joint Rule 24 and Wisconsin Statutes 13.10.
The speaker [Anderson] ruled the point of order not well taken.
Assembly Journal of July 9, 1975 .......... Page: 1411
Point of order:
Representative Shabaz rose to the point of order that the report of the committee of conference on Assembly Bill 725 [relating to provisions of professional liability insurance policies for health care providers] was not germane under Assembly Rule 55.
The speaker [Anderson] ruled the point of order not well taken.
Assembly Journal of July 9, 1975 .......... Page: 1411
Point of order:
Representative Duren rose to the point of order that the report of the committee of conference [on Assembly Bill 725; relating to provisions of professional liability insurance policies for health care providers] was amendable.
The speaker [Anderson] ruled the point of order not well taken.
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Senate Journal of May 22, 1974 .......... Page: 188
[Selection of conferees: Senate Bill 5, Special Session, relating to regulation of elections and campaign contributions and expenditures, providing for public financing of certain political campaigns, granting rule-making authority, providing penalties and making appropriations.]
Senator Johnson moved nonconcurrence in assembly substitute amendment 2. The motion prevailed.
Senator Johnson moved that a Committee of Conference be appointed on Senate Bill 5, Special Session. The motion prevailed.
The chair appointed Senators Murphy, Bablitch and LaFave as conferees on the part of the senate.
Senate Journal of May 22, 1974 .......... Page: 193
[Point of order:]
Senator Risser raised the point of order that Senator LaFave was shown as being absent on the vote of passage on Senate Bill 5, (Spring 1974) Special Session and therefore, should not be appointed to the Committee of Conference on the bill.
The chair ruled the point of order well taken as page 133 of the special session journal showed the senator absent.
Senator Johnson appealed the ruling of the chair. 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-14, noes-15.] So the ruling of the chair was not sustained.
72 Senator Risser moved to amend the appointments by substituting Senator Lorge for Senator LaFave.
By request of Senator Lorge, with unanimous consent, the amendment was laid on the table.
Senator Johnson moved confirmation of the conferees to Senate Bill 5, Special Session. The motion prevailed.
Upon motion of Senator Johnson the senate adjourned pursuant to a 48 hour notice by the majority and minority floor leaders.
Senate Journal of July 26, 1973 .......... Page: 1500
[Senate control over conference committee appointments:]
By request of Senator Risser, with unanimous consent, Senate Bill 9 was ordered immediately messaged with a request for a committee on conference.
Senate Journal of July 26, 1973 .......... Page: 1567
State of Wisconsin
Office of the Lieutenant Governor
Madison
Mr. William P. Nugent September 19, 1973
Senate Chief Clerk
243 South Capitol
Madison, Wisconsin
