Under the Senate Rule 65 (2) a motion to table a bill or resolution is not really a motion to table in the traditional sense but actually is a motion with the effect of "returning the matter to the committee on senate organization." [See also Senate Rule 63 (1)(f)].
Under Senate Rule 65 (3) a motion to remove a bill or resolution from the table is not really a motion to remove from the table in the traditional sense, but actually a motion with the effect of "withdrawing the matter from the committee on senate organization and placing it on the calendar."
The "and it may be taken from the table at any time" language of Senate Rule 65 (1), because of the explicit language in (2) and (3) becomes inoperative when a tabling motion involves "placing" or "taking" a bill or resolution from the table.
A motion to take a bill or resolution from committee or remove a bill or resolution from the table cannot be made at any time but must be made under the appropriate order of business pursuant to the rules.
The point of order is not well taken.
Respectfully submitted
MARTIN J. SCHREIBER
Lieutenant Governor
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.
Senate Journal of February 21, 1974 .......... Page: 2253
[Withdraw and table as alternative to withdraw and refer to calendar:]
Senator Parys moved that Assembly Bill 934 be withdrawn from the committee on Industry, Labor, Taxation and Banking and laid on the table.
[Point of order:]
Senator Chilsen raised the point of order that the motion to withdraw from committee and lay on the table was a suspension of the rules and required a two-thirds vote.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken. A two-thirds vote would be required, only if an attempt were made to take from the table and consider for action, within the next two days.
Senate Journal of January 30, 1974 .......... Page: 2062
[Tabling of bills en masse permitted]
Senator Parys moved that the remaining assembly bills on the October 12th calendar be laid on the table.
Senator Risser moved a call of the senate. [Display of roll call omitted; present-30, absent-0, with leave-3]
Senator Risser requested a division of the question.
Senator Keppler moved that the assembly bills to be laid on the table be voted upon en masse.
Senator Risser raised the point of order that the rules could be suspended on individual bills but not on bills en masse.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken. [Intervening text omitted.]
By request of Senator Parys, with unanimous consent, he withdrew his motion to lay the assembly bills from the calendar of October 12 on the table.
Senate Journal of October 25, 1973 .......... Page: 1868
[Suspension of rules cannot be tabled:]
Senator Thompson moved that Senate Bill 732 be ordered immediately messaged.
Senator Steinhilber moved that the motion to immediately message be laid on the table.
[Point of order:]
Senator Chilsen raised the point of order that a motion to suspend the rules cannot be laid on the table.
632 The chair [Lt.Gov. Schreiber] ruled the point of order well taken.
Senate Journal of July 24, 1973 .......... Page: 1408
[Motion for previous question tabled:]
Assembly Bill 300 [relating to state finances and appropriations constituting the executive budget bill of the 1973 legislature, and making appropriations]
The question was: Adoption of the Committee of Conference report?
Senator J. D. Swan moved rejection of the Committee of Conference report. [Intervening text omitted.]
The question was: Adoption of the Conference Committee Report? Senator J. D. Swan moved rejection.
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-17, noes-10.] So the motion prevailed.
Senator LaFave moved reconsideration of the vote by which the Conference Committee Report on Assembly Bill 300 was rejected. [Intervening text omitted.]
The question was: Reconsideration of the vote by which the Conference Committee Report on Assembly Bill 300 was rejected?
Senator Lorge moved the previous question.
By request of Senator Johnson, with unanimous consent, the motion to put the previous question was laid on the table.
The question was: Reconsideration of the vote by which the Conference Committee Report on Assembly Bill 300 was rejected.
Senator Risser moved a call of the senate [Display of roll call omitted; present-29, absent-0, with leave-4; intervening text omitted.]
The question was: Reconsideration of the vote by which the Conference Committee Report on Assembly Bill 300 was rejected?
The ayes and noes were demanded and the vote was: [Display of roll call vote omitted; ayes-13, noes-12.] So the motion prevailed.
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.
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.
The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.
633 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.
Senate Journal of April 12, 1973 .......... Page: 791
[Point of order:]
Senator Murphy moved that Senate Joint Resolution 38 [declaring April 16, 1973, as Wisconsin Tax Action Day] be laid on the table. The motion prevailed.
The question on which the call of the senate was put having been disposed of the call was raised.
Senator LaFollette moved that Senate Joint Resolution 38 be taken from the table and considered for action at this time.
Senator Lorge raised the point of order that the motion to take from the table was not in order.
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-19, noes-11.] So the motion prevailed.
Senate Journal of February 15, 1973 .......... Page: 434
[Point of order:]
Senator Risser moved that Assembly Joint Resolution 21 be considered for final action at this time.
Senator Johnson moved that the motion to suspend the rules and give Assembly Joint Resolution 21 its third reading be laid on the table.
Senator Risser moved a call of the senate. [Record of senate omitted; present-29, absent with leave-4.]
Senator Risser raised the point of order that a motion to suspend the rules cannot be laid on the table.
The chair [Lt.Gov. Schreiber] ruled the point of order well taken. The ayes and noes were required and the vote was: [Display of roll call vote omitted; ayes-11, noes-18.] Less than two-thirds having voted in the affirmative the motion did not prevail.
Tax exemptions: referral of proposal to joint survey committee on
1 9 8 3 A S S E M B L Y
Assembly Journal of April 4, 1984 .......... Page: 1122
[Motion based on obsolete information:]
634 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).
1 9 8 1 A S S E M B L Y
Assembly Journal of February 16, 1982 .......... Page: 2206
Point of order:
Representative Ulichny rose to the point of order that assembly amendment 9 to assembly substitute amendment 2 to Assembly Bill 600 [relating to requiring the use of child restraint systems in motor vehicles, granting rule-making authority and providing a penalty] was not germane under Assembly Rule 54.
[Note:] A.Sub.2 required the use of child safety restraint systems for children under 4 years old. A.Amdt.9 permitted deducting the purchase price of such devices from any state income tax due. While the approach avoided the "tax exemption" question it would, nevertheless, have given the bill a significant fiscal effect.
A.Rule 54 (3) (a) declares not germane "one individual proposition amending another individual proposition".
The chair [Rep. Kirby] ruled the point of order well taken.
1 9 7 9 A S S E M B L Y
Assembly Journal of March 4, 1980 .......... Page: 2440
