The question was: Shall the motion to appeal the ruling of the chair be laid on the table?
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-18, noes-15.] So the motion prevailed.
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Senate Journal of October 26, 1973 .......... Page: 1927
[Ruling of the chair overturned on appeal:]
Senate amendment 3 [to Assembly Bill 1287] offered by Senators Devitt, LaFAve, Knutson, Peloquin, McKenna, Krueger, J. D. Swan, Schuele, M. Swan, Roseleip, Frank, Parys and Dorman.
[Point of order:]
Senator Hollander raised the point of order that senate amendment 3 was not germane.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senator McKenna 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-17.] So the ruling of the chair was not sustained.
Senate amendment 3 adopted.
Senate Journal of July 26, 1973 .......... Page: 1506
[Tabling of appeal of ruling:]
Senator Chilsen raised the point of order that Senate Bill 684 [relating to developmental disabilities] required a fiscal note.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
Senator Chilsen appealed the ruling of the chair. Senator Steinhilber moved that the appeal be laid on the table.
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.
Senate Journal of May 17, 1973 .......... Page: 1075
[Previous question: motion not applicable to chair's ruling]
Senator Knowles raised the point of order that Senator Johnson had the floor as yielded from Senator M. Swan who had the floor as yielded by Senator Dorman.
477 The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
Senator Johnson appealed the ruling of the chair. Senator Johnson moved the previous question.
Senator Risser raised the point of order that the previous question could not be put on an appeal of the ruling of the chair.
The chair ruled the point of order well taken.
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 demanded and the vote was: [Display of roll call vote omitted; ayes-13, noes-19.] So the ruling of the chair was not sustained.
Senator Flynn moved reconsideration of the vote by which the ruling of the chair was not sustained.
Senator Johnson raised the point of order that the motion to reconsider was improper and out of order.
The chair ruled the point of order not well taken.
Senator Johnson moved that the motion for reconsideration be laid on the table.
The chair ruled Senator Johnson out of order and Senator Flynn had the floor.
Senator Johnson raised the point of order that he had the floor and that the motion to table was in order.
By request of Senators Johnson and Risser, with unanimous consent, the senate proceeded with action on Senate Joint Resolution 67 and the amendments attached thereto.
Point of order based on incorrect information
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Assembly Journal of March 22, 1994 .......... Page: 865
Point of order:
Representative Prosser rose to the point of order that Assembly Bill 1125 [relating to a state minimum wage, overtime pay for executive, administrative and professional employes, granting rule-making authority and providing a penalty] was not properly before the assembly under Assembly Rule 39 and Joint Rule 52, because the analysis by the Legislative Reference Bureau does not conform to the relating clause of the bill.
[Note:] In many cases, the creation of a new statute within an existing range of numbers brings a violation of the new statute numbers into the penalty provision applying to the range of existing statutes.
Usually, the existing penalty is not described in the analysis of the bill but, because the creation of the new statute results in a possible penalty situation, the bill's relating clause notes "providing a penalty" as required by Jt.Rule 52 (1) (d) 3.
The chair (Speaker pro tempore Carpenter) ruled the point of order not well taken.
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Assembly Journal of June 8, 1989 .......... Page: 214
Point of order:
Representative Coleman rose to the point of order that assembly amendment 10 to Senate Bill 7 [relating to making permanent the requirement that certain motor vehicle operators and passengers use safety belts] was not germane under Assembly Rule 54 (1).
Representative Hauke asked unanimous consent that the assembly stand informal for twenty-five minutes. Granted.
[Note (the information appears to contradict ruling made):] The bill was limited to delaying the sunset date for mandatory seat belt use from June 30, 1989, to June 30, 1991, and providing for a November 1990 advisory referendum on making the seat belt law permanent.
A.Amdt-10 expanded the scope of the proposal by requiring that, beginning July 1, 1990, no new or used automobile could be bought, sold, leased, traded or transferred in Wisconsin unless the automobile was equipped with both lap and shoulder restraints for each seating area in the back seat.
The amendment included the appropriate addition to the bill's title: "requiring the installation and use of certain safety belts in automobiles".
Ruling of the chair:
The speaker [Loftus] ruled the point of order not well taken.
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Assembly Journal of April 4, 1984 .......... Page: 1122
[Motion based on incorrect information:]
Representative T. Thompson moved that the rules be suspended and that Assembly Bill 1021 [relating to eliminating capital gains as a preference item for purposes of computing the minimum tax, replacing the inheritance tax with an estate tax, creating a system for the administration of the estate tax, abolishing the gift tax and providing penalties, relating to the unappropriated reserve in the state general fund, relating to increasing the 1985 distribution for Wisconsin state property tax relief and modifying the relief distribution formulas for school levies and school aids, relating to indexing the standard deduction and the brackets for the individual income tax, relating to the individual and corporate surtaxes] be withdrawn from the committee on Rules and taken up at this time.
The speaker [Loftus] ruled the motion out of order because the bill had been referred to the Joint Survey Committee on Tax Exemptions pursuant to Assembly Rule 24 (3) (a).
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Senate Journal of February 19, 1976 .......... Page: 1783
[Point of order:]
Senator Berger raised the point of order that Assembly Bill 345 [an act to cede certain land to the city of New Berlin for park and recreation purposes] required an environmental impact statement.
479 The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
Senate Journal of February 4, 1976 .......... Page: 1655
[Point of order:]
Senator Berger raised the point of order that the statutes required that an environmental impact statement be filed on this bill [Assembly Bill 909, an act to cede rights of the state to certain lands in the city of Delavan to the city of Delavan for park and recreational purposes]. The chair took the point of order under advisement.
Senate Journal of February 4, 1976 .......... Page: 1657
By request of Senator Berger his point of order on Assembly Bill 909 was withdrawn.
Senate Journal of June 24, 1975 .......... Page: 960
[Point of order:]
Senator Berger raised the point of order that Assembly Bill 381 [relating to ceding state jurisdiction over certain territory in the Apostle Islands, authorizing the conveyance of certain state lands to the United States in connection with the Apostle Islands national lakeshore and making an appropriation] required an environmental impact statement. The chair took the point of order under advisement.
Senate Journal of June 24, 1975 .......... Page: 962
By request of Senator Berger, with unanimous consent, his point of order relative to Assembly Bill 381 was withdrawn.
Point of order under advisement: business before house
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Senate Journal of October 21, 1987 .......... Page: 422
[Precedence of appeal:]
Senator Strohl asked unanimous consent that Assembly Bill 462 [relating to the Wisconsin retirement system, allowing retired public employes to purchase state group health insurance coverage, fixed retirement investment trusts, transferring funds and making an appropriation] be laid on the table.
Senator Davis objected. Senator Davis appealed the ruling of the chair [given immediately preceding the unanimous consent request].
Senator Strohl moved that Assembly Bill 462 be laid on the table.
[Point of order:]
Senator Ellis raised the point of order that the motion of Senator Strohl was not timely. The chair took the point of order under advisement.
Senate Journal of October 27, 1987 .......... Page: 453
Ruling of the chair:
480 On Wednesday, October 21, 1987, the senator from the 19th, Senator Ellis, raised the point of order that a motion to appeal the decision of the Chair takes precedence over the motion to table a proposal.
The senator from the 21st, Senator Strohl, had the floor after the Chair had ruled on a pending point of order in relating to Assembly Bill 462. The senator
from the 21st asked unanimous consent that the bill be laid on the table. An objection was heard. The senator was then going to move to lay the bill on the table, when he yielded to the senator from the 11th, Senator Davis, who then appealed the ruling of the Chair. The senator from the 21st then moved to table the bill.
Section 230, (7) of Mason's Manual of Legislative Procedure reads as follows: "When an appeal has been taken from a decision of the presiding officer, no new business is in order until the appeal has been disposed of."
The motion to appeal is an incidental question relating to the general procedural nature of the senate. Therefore, it takes precedence over any main motion relating to the matter under consideration.
Therefore, it is the opinion of the Chair that the motion to appeal the decision of the Chair takes precedence over the motion to table, and the point of order raised by the senator from the 19th is well taken.
Senator Fred A. Risser
President of the Senate
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Assembly Journal of February 23, 1982 .......... Page: 2346
[Background: following the introduction of assembly amendment 8 to assembly substitute amendment 2 to Assembly Bill 452 "relating to employment relations in higher education and making an appropriation", a call was imposed on the question of tabling AB 452. When the motion to lift that call had failed (A.Jour., p. 2344), the assembly acted on SB 163 and began consideration of SB 450.]
