Ordered to a third reading.

Senator S. Fitzgerald, with unanimous consent asked that the bill be considered for final action at this time.

Assembly Bill 200

Read a third time and concurred in.

Assembly Bill 228

Relating to: exemptions from securities registration requirements.

Read a second time.

S656 Ordered to a third reading.

Senator S. Fitzgerald, with unanimous consent, asked that the bill be considered for final action at this time.

Assembly Bill 228

Read a third time.

The question was: Shall Assembly Bill 228 be concurred in?

The ayes and noes were demanded and the vote was: ayes, 32; noes, 0; absent or not voting, 1; as follows:

Ayes - Senators Carpenter, S. Coggs, Cowles, T. Cullen, Darling, Ellis, Erpenbach, S. Fitzgerald, Galloway, Grothman, Hansen, Harsdorf, Holperin, Jauch, Kedzie, King, C. Larson, Lasee, Lassa, Lazich, Leibham, Miller, Moulton, Olsen, Risser, Schultz, Shilling, Taylor, Vinehout, Vukmir, Wanggaard and Zipperer - 32.

Noes - None.

Absent or not voting - Senator Wirch - 1.

Concurred in.

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In the Chair

President Ellis in the chair.

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ruling on point of order

President Ellis ruled on the point of order that was raised on November 3, 2011 by Senator Miller, questioning the status of Senate Resolution 22.

"On November 3, 2011, the Senator from the 16th, Senator Miller, raised a point of order questioning the status of Senate Resolution 22 as a privileged resolution. The Chair took the question under advisement. The Chair is now prepared to rule.

Senate Rule 69 states that a privileged resolution "need not lie over for consideration, but may be taken up immediately unless referred to the calendar or committee." However, Senate Rule 90 specifically governs the procedure for changing the Senate Rules stating: "after the senate rules have been established at the commencement of the biennial session, any resolution to change the senate rules must lay over one week." These rules appear to conflict, with one saying that a privileged resolution need not lie over and the other saying that a change to the rules must lie over. It is the Chair's opinion, though, that when a privileged change to the rules is involved, the key to harmonizing Senate Rule 69 and Senate Rule 90 is the phrase "unless referred to the calendar."

The Chair hereby rules that, pursuant to these two rules, a privileged resolution that changes the Senate Rules must be placed under the 10th Order of business on the first calendar established at least one week after introduction of the resolution.

More than one week has passed since the introduction of Senate Resolution 22. Thus, under the terms of this ruling, Senate Resolution 22 shall be placed on the next established calendar. The resolution shall be placed under the 10th Order of Business, consideration of motions, resolutions, and joint resolutions not requiring a 3rd reading.

The Chief Clerk shall spread this ruling upon the journal."

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