It is interesting to note that in the 75 Session, democrats controlled both houses of the legislature, yet the Senate, with strong bipartisan support, wanted to make it very clear, in the rules, that the Senate Finance Committee had jurisdiction and the authority to report proposals that had been referred to the Joint Committee on Finance, without restriction.
The statutes require no special action other than to include in their report to the house a recommendation that a proposal be passed and that a statement be made to the effect that they are emergency bills. It is clear that the Senate Finance Committee has the authority to report a proposal to the full Senate. The Committee has the same resources available to it as does the Joint Committee to determine the fiscal impact of proposals, and is clearly in a position to fulfill the requirements set forth in ss. 16.47(2).
The intent of the Senate Rule 20(4)(b) is clear in that it was adopted to allow the Senate to take action on any proposal that the Joint Committee on Finance has failed to report. It is also clear to the Chair that it was the intent and purpose of the Senate in the early 70's to grant full authority to act to the Senate Finance Committee. Furthermore, as stated by a previous presiding officer, to not allow the Senate Finance Committee to act would grant the authority to the Assembly Co-Chair, the authority to block the independent operation of the Senate.
In addition, as supported by case history, parliamentary manuals and as demonstrated by the ruling by the Speaker in the Assembly, the Senate has the authority to determine its own rules of procedure, even if they conflict with an existing statute, as long as they don't conflict with the Constitution or infringe on the rights of individual members.
Mason's Manual of Legislative Procedure states in section 3, paragraph 2:
The house and senate may pass an internal operating rule for its own procedure that is in conflict with a statute formerly adopted.
In Section 2, paragraph 3, Mason's also states:
Rules of procedure fulfill another purpose in protecting the rights of members. Individual members, for example, are entitled to receive notices of meetings and the opportunity to attend and participate in the deliberations of the group. Minorities often require protection for unfair treatment on the part of the majority, and even the majority is entitled to protection from obstructive tactics on the part of minorities.
I am reminded of a quote from Cushing's Legislative Assemblies, "Elements of the Law and Practice of Legislative Assemblies in the United States of America:
The great purpose of all rules and forms, says Cushing, is to subserve the will of the assembly rather than to restrain it; to facilitate and not to obstruct the expression of its deliberate sense.
Clearly the Senate has the authority, through its adopted rules, to authorize a committee to report a proposal in the same manner prescribed by law for a Joint Committee.
Therefore, it is the opinion of the Chair, that Senate Rule 20(4)(b) grants to the Senate Finance Committee the full authority of the Joint Finance Committee as it relates to the reporting of proposals referred by the Senate, to include the recommending of passage of a proposal with emergency statement attached.
The Chair rules the point not well taken.
Senator Welch appeals the ruling of the Chair.
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 20 (4) (a) The members of the senate committee on finance are the senate members of the joint committee on finance.
(b) When the joint committee on finance fails to report a proposal referred to it by the senate, the proposal may be returned to the senate by the senate committee on finance.
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Assembly Journal of March 23, 2000 .......... Page: 828
Point of order:
Representative Krug rose to the point of order that Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Bill 916 was not germane under Assembly Rule 54.
Speaker pro tempore Freese ruled the point of order well taken.
[Note:] The bill made a supplemental appropriation for BadgerCare, suspending several legislative rules enacted in the statutes. The amendment deleted from the statutes suspended the statute (s. 20.003 (4)) requiring a general fund balance of a specified amount.
Assembly Journal of May 2, 2000 .......... Page: 938
Point of order:
Representative Jensen rose to the point of order that the motion to take up Senate Bill 320 was not properly before the Assembly because the bill had died pursuant to Joint Rule 83 and Senate Joint Resolution 1 on March 30, 2000, when the last general business floorperiod ended.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] There was no ruling on the point of order.
Joint Rule 83 (4) At the conclusion of the last general-business floorperiod scheduled by the session schedule for the spring of the even-numbered year, any bill or joint resolution not yet agreed to by both houses, and any resolution not yet passed by the house of origin, is adversely disposed of for the biennial session and recorded as "failed to pass," "failed to adopt," or "failed to concur."
1999 Senate Joint Resolution 1 Section 1 (2) (p) Last general-business floorperiod. The last general-business floorperiod commences on Tuesday, March 7, 2000, at 10 a.m., and, unless adjourned earlier, ends on Thursday, March 30, 2000.
Assembly Journal of May 2, 2000 .......... Page: 938
Point of order:
Representative Krug rose to the point of order that the motion to take up Assembly Bill 781 was not properly before the Assembly because the bill had died pursuant to Joint Rule 83 and Senate Joint Resolution 1 on March 30, 2000, when the last general business floorperiod ended.
Speaker Pro Tempore Freese took the point of order under advisement.
[Note:] There was no ruling on the point of order.
Joint Rule 83 (4) At the conclusion of the last general-business floorperiod scheduled by the session schedule for the spring of the even-numbered year, any bill or joint resolution not yet agreed to by both houses, and any resolution not yet passed by the house of origin, is adversely disposed of for the biennial session and recorded as "failed to pass," "failed to adopt," or "failed to concur."
1999 Senate Joint Resolution 1 Section 1 (2) (p) Last general-business floorperiod. The last general-business floorperiod commences on Tuesday, March 7, 2000, at 10 a.m., and, unless adjourned earlier, ends on Thursday, March 30, 2000.
1 9 9 7 A S S E M B L Y
Assembly Journal of May 5, 1998 .......... Page: 851
Point of order:
Representative Handrick rose to the point of order that Assembly substitute amendment 3 to Assembly Bill 159 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order well taken.
Representative Schneider 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-52, Noes-45. Motion carried.
[Note:] The bill prohibited school districts from beginning school before Labor Day. The substitute amendment provided a study in lieu of the bill's provisions.
Assembly Rule 54 (3) Assembly amendments that are not germane include:
(f) An amendment that substantially expands the scope of the proposal.
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Assembly Journal of February 16, 1995 .......... Page: 104
Point of order:
Representative Schneider rose to the point of order that, because the hour of 8:00 P.M. had arrived, the Assembly shall stand adjourned under Assembly Rule 28 (2).
Ruling on the point of order:
The chair (Speaker Pro Tempore Freese) ruled the point of order well taken.
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of February 17, 1995 .......... Page: 105
Point of order:
Representative Kunicki rose to the point of order that the Assembly was not properly in session under Assembly Rule 29 (3). The Assembly Calendar of Friday, February 17 was distributed at 8:50 P.M. on Thursday, February 16, therefore violating the rule that requires the calendar to be distributed at least eighteen hours before the Assembly can proceed to the calendar.
Ruling on the point of order:
The Speaker ruled the point of order well taken.
[Note:] Assembly Rule 29 (3) A calendar, except a calendar for a Saturday, Sunday, or state holiday specified in section 230.35 (4) (a) of the statutes, shall be provided to each member at least 12 hours before the calendar is to be acted upon during the last week of the last general-business floorperiod preceding the veto review session and 18 hours before the calendar is to be acted upon at other times.
Assembly Journal of February 28, 1995 .......... Page: 118
Point of order:
Representative Duff rose to the point of order that under Assembly Rule 15 (3), a motion to withdraw Assembly Bill 3 from committee required a two-thirds vote because a vote to withdraw the bill from committee had already been taken on January 17, 1995.
Ruling on the point of order:
Speaker Prosser ruled the point of order not well taken, because the vote taken on January 17, 1995 to withdraw Assembly Bill 3 from committee was a vote on suspension of the rules, and not on a motion allowed under Assembly Rule 15 (2).
[Note:] This may have been a parliamentary inquiry, not a point of order.
Assembly Rule 15 (3) Once a motion to withdraw a proposal from a committee which requires a vote of a majority of the members present and voting fails, all subsequent motions to withdraw that proposal from the same committee require a vote of two-thirds of the members present and voting for adoption and must be decided without debate.
Assembly Journal of April 7, 1995 .......... Page: 228
Point of order:
Ruling on the point of order:
Speaker Pro Tempore Freese ruled not well taken the point of order raised by Representative Hubler that Assembly members may be referred to by name when reading from a document that is currently under debate, because under Assembly Rule 56(1), a member "shall confine his or her remarks to the question before the assembly and shall avoid personalities. A member may be recognized or addressed only by the number of the member's district."
Representative Hubler appealed the ruling of the chair.
Representative Hubler withdrew her point of order to refer to members of the Assembly by name when reading from a printed document currently before the Assembly.
[Note:] This may have been a parliamentary inquiry, not a point of order.
Assembly Journal of October 2, 1995 .......... Page: 535
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. had arrived and the Assembly is adjourned under Assembly Rule 28 (2).
Assembly Journal of October 2, 1995 .......... Page: 535
Speaker Pro Tempore Freese took the point of order under advisement.
Ruling on the point of order:
Speaker Pro Tempore Freese ruled well taken the point of order raised by Representative Hubler that the hour of 8:00 P.M. had arrived and the Assembly is adjourned under Assembly Rule 28 (2).
[Note:] The 8:00 P.M. rule was later repealed.
Assembly Journal of October 5, 1995 .......... Page: 555
Point of order:
Representative Bock rose to the point of order that Assembly amendment 22 to Assembly substitute amendment 1 to Assembly Bill 557 was not germane under Assembly Rule 54(3)(f).
Ruling on the point of order:
Speaker Pro Tempore Freese ruled the point of order not well taken.
[Note:] The bill was a budget adjustment bill. The amendment related to the transportation facilities economic assistance and development aid.
Assembly Rule 54 (3) Assembly amendments that are not germane.
(f) An amendment that substantially expands the scope of the proposal.
Assembly Journal of October 5, 1995 .......... Page: 558
Point of order:
Representative Hubler rose to the point of order that the hour of 8:00 P.M. having arrived the Assembly is adjourned under Assembly Rule 28 (2).
Speaker Pro Tempore Freese took the point of order under advisement.
The Assembly stood informal.
Representative Jensen asked unanimous consent that Assembly Bill 557 be laid on the table. Granted.
