Wisconsin Legislature: 1995 to 2004

The question was: Shall the Decision of the chair stand as the judgement of the Senate?

The roll was taken. The vote was: Ayes-18, Noes-15. Decision of the Chair stands as the judgement of the senate.

[Note:] Senate Rule 41 (2) was later amended to provide: Reference to committee is not in order after a proposal is passed or indefinitely postponed or finally disposed of by any action equivalent thereto. Questions of reconsideration, concurrence in amendments of the assembly, conference committee reports, or executive vetoes may be placed on the table, but may not be referred to committee.

There is also an assembly rule on this point: "Assembly Rule 45 (6) Except as incidental to calendar scheduling by the committee on rules, the report of a committee of conference may not be referred to committee." The senate does not have such a rule but the joint rules provide a reason why a conference committee report should not be referred to committee: "Joint Rule 3 (3) A report of a committee of conference may not be amended and may not be divided."

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Assembly Journal of November 19, 1997 .......... Page: 427

Point of order:

Representative Krug rose to the point of order that Assembly Bill 463 was not properly before the Assembly because the bill is required to be referred to the joint committee on Finance before the Assembly can consider action on it under s. 13.093 of the Wisconsin Statutes.

Ruling on the point of order:

The Chair (Representative Duff) ruled the point of order not well taken because the rules and constitution do not specify that a proposal that requires action by the joint committee on Finance must go to that committee before action in either house. It just states that it must be referred to that committee before it is signed by the Governor. Therefore, if the bill does not get referred to the joint committee on Finance when it is in the Assembly, it still has ample time to get referred there after it is messaged to the Senate.

[Note:] 13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed.

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Senate Journal of January 28, 1997 .......... Page: 49

Point of order:

Senator Welch raised the point of order that Senate Bill 2 requires an emergency statement and must be referred to the joint committee on Finance.

Ruling on the point of order:

The Chair ruled the point well taken.

[Note:] Section 16.47, stats., provides: "No bill containing an appropriation or increasing the cost of state government or decreasing state revenues in an annual amount exceeding $10,000 shall be passed by either house until the budget bill has passed both houses; except that the governor or the joint committee on finance may recommend such bills to the presiding officer of either house, in writing, for passage and the legislature may enact them, and except that the senate or assembly committee on organization may recommend to the presiding officer of its respective house any such bill not affecting state finances by more than $100,000 biennially. Such bills shall be accompanied by a statement to the effect that they are emergency bills recommended by the governor, the joint committee on finance, or the senate or assembly committee on organization. Such statement by the governor or joint committee on finance shall be sufficient to permit passage prior to the budget bill. Such statement by the senate or assembly committee on organization shall be effective only to permit passage by its respective house.".

Senate Journal of May 7, 1998 .......... Page: 681

Point of order:

Senator Wineke raised the point of order Assembly Bill 768 must be referred to the Joint Survey committee on Tax Exemptions.

Ruling on the point of order:

The Chair ruled the point not well taken.

[Note:] Sec. 13.52 (6), stats., requires the referral to the joint survey committee on tax exemptions, at the time of introduction, of any "proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments."

Under s. 13.52 (6), stats., when a proposal must be referred to the joint survey committee and has been so referred, "such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy."

Report of standing committee, questions concerning

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Assembly Journal of May 6, 2003 .......... Page: 196

Point of order:

Representative Black rose to the point of order that Assembly Bill 228 was not properly before the Assembly because the bill required a report from the joint review committee on Criminal Penalties.

Ruling on the point of order:

Speaker Pro Tempore Freese ruled the point of order not well taken.

Representative Black appealed the ruling of the Chair.

The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?

The roll was taken. The vote was: Ayes-58, Noes-40. Motion failed.

[Note:] 13.525 Joint review committee on criminal penalties.

13.525 (5) Review of legislation relating to crimes.

(a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

(b) (intro.) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

(d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

Retirement systems: general

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Assembly Journal of May 6, 1998 .......... Page: 878

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.

Representative Klusman objected.

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.

Representative Klusman objected.

Point of order:

Representative Travis rose to the point of order that Assembly Bill 768 was not properly before the Assembly under s. 13.50(6)(a) of the Wisconsin Statutes.

Representative Travis withdrew his point of order.

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems. Granted.

Representative Travis asked unanimous consent that the rules be suspended and that Assembly Bill 768 be withdrawn from the joint survey committee on Retirement Systems and taken up at this time. Granted.

[Note:] 13.50(6)(b) No bill or amendment thereto creating or modifying any system for the retirement of public employees shall be considered by either house until the written report required by par. (a) and the actuarial opinion ordered under par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed as an appendix to the bill and attached thereto as are amendments.

Retirement systems: referral of proposal to joint survey committee on

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Assembly Journal of May 6, 1998 .......... Page: 878

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.

Representative Klusman objected.

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems.

Representative Klusman objected.

Point of order:

Representative Travis rose to the point of order that Assembly Bill 768 was not properly before the Assembly under s. 13.50(6)(a) of the Wisconsin Statutes.

Representative Travis withdrew his point of order.

Representative Travis asked unanimous consent that Assembly Bill 768 be referred to the joint survey committee on Retirement Systems. Granted.

Retirement systems: report by joint survey committee on

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Assembly Journal of January 30, 2003 .......... Page: 40

Parliamentary inquiry:

Speaker Pro Tempore Freese ruled on a parliamentary inquiry made by Representative Miller on Tuesday, January 28.

Answer to parliamentary inquiry:

Speaker Pro Tempore Freese ruled as follows: "On Tuesday of this week Representative Miller regarding the rules and statutes that govern this Assembly made a parliamentary inquiry. I have given this much thought since I have ruled on this issue before. I think it is important to recognize that under Article IV, section 8, of the Wisconsin Constitution, the assembly is the sole and absolute decision maker on Assembly proceedings that are not set out in the Wisconsin or federal constitution. It is within the Assembly's power under Article IV, section 8, of the constitution, to permit or refuse to permit the suspension or modification of a rule of proceedings set forth in the statutes just as it can of a rule of proceedings set forth in the rules pamphlet.

In Mason's manual section 2 refers to the right to regulate procedure. The Constitutional right of a state legislature to control its own procedure cannot be withdrawn or restricted by statute, but statutes may control procedure insofar as they do not conflict with the rules of the houses or with the rules contained in the constitution. Section 3 states that the State Constitution is a limitation rather than a grant of legislative power. If not expressly or implicitly withheld, the whole legislative power of the state is committed to the legislature.

It appears that the updating of legislative proceedings in the statutes have not kept up to the updating of legislative proceedings in the rules pamphlets. The statutes appear to reflect an earlier view of the powers that are to be exercised by the assembly officers.

On January 15, 1998 I had to rule on a point of order whether the motion to withdraw Assembly Bill 421 from the joint survey committee on Retirement Systems was not in order. Section 13.50 (6) was created in 1963 as Chapter 153, laws of 1963 as 13.44 (9) with the exact wording as it appears today. In 1977, through Assembly Resolution 6, Assembly rule 26 was first created which is our current rule 15 (1). I ruled that when the Statute and the rule are the same that we could suspend the rule but not the statute. If the rule and constitution were the same but the statute was different, the constitution and rule would be the precedent. If the rule and the statute were not the same, it would require a point of order to clarify which one has precedent at the time on an individual basis."

[Note:] Article IV, 7 Organization of legislature; quorum; compulsory attendance. Section 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

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Assembly Journal of June 29, 1999 .......... Page: 250

Point of order:

Representative Foti rose to the point of order that Assembly amendment 1 to Assembly Substitute Amendment 1 to Assembly Bill 133 was not properly before the Assembly because there was no report on the amendment from the Joint Survey Committee on Retirement Systems under 13.50(6)(b), Wisconsin Statutes.

Speaker Pro Tempore Freese ruled the point of order well taken.

Assembly Journal of June 29, 1999 .......... Page: 269

Point of order:

Representative Travis rose to the point of order that Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 133 was not properly before the Assembly under s. 13.50 of the Wisconsin Statutes.

The Assembly stood informal.

Representative Travis asked unanimous consent that his point of order be withdrawn.

Representative Ward objected.

Representative Travis asked unanimous consent that his point of order be withdrawn. Granted.

Assembly Journal of October 6, 1999 .......... Page: 381

Point of order:

Representative Duff rose to the point of order that Assembly amendment 5 to Assembly Bill 495 was not properly before the Assembly because it required a report from the joint survey committee on Retirement Systems.

Speaker Pro Tempore Freese ruled the point of order not well taken.