Point of order:

  Senator Moody moved reconsideration of the vote by which Senate Bill 789 [relating to return of a public utility's interest in property taken for an abandoned project] was referred to committee on Aging, Business and Financial Institutions and Transportation.

  Senator Kleczka raised the point of order that the reconsideration motion was not properly before the senate. The chair took the point of order under advisement.

  Ruling of the chair [Pres. Risser]:

522   On Wednesday, March 24, 1982 the Senator from the 3rd, Senator Kleczka, raised the point of order that the motion to reconsider the vote by which Senate Bill 789 was referred to the committee on Aging, Business and Financial Institutions and Transportation made by the Senator from the 9th, Senator Moody, was not proper.

  On page 991, Journal of the Senate June 25, 1975, the chair ruled that a motion to withdraw a matter from committee was not subject to reconsideration.

  Section 390, paragraph 2, Mason's Manual reads: The motion to refer to committee may not be reconsidered but the matter referred to committee may be withdrawn.

  Section 456 of Mason's Manual reads in part: Under the rules of parliamentary law, the procedural motions, such as to recess, to lay on the table and to refer to committee are not subject to reconsideration.

  Therefore, it is the opinion of the chair that the motion is not proper and the point of order raised by the Senator from the 3rd, Senator Kleczka, is well taken.

  [Background:] Representative D. Travis moved that Assembly Bill 1065 [relating to injury by improper use of a noxious substance and providing a penalty] be referred to the committee on Criminal Justice and Public Safety.

  The question was: Shall Assembly Bill 1065 be referred to the committee on Criminal Justice and Public Safety?

  The roll was taken. [Display of roll call vote omitted; ayes-42, noes-52.] Motion failed.

  Representative D. Travis moved that Assembly Bill 1065 be referred to the committee on Veterans and Military Affairs.

  Point of order:

  Representative Donoghue rose to the point of order that the motion was dilatory under Assembly Rule 69.

  The chair [Rep. Kirby] ruled the point of order not well taken.

  The question was: Shall Assembly Bill 1065 be referred to the committee on Veterans and Military Affairs?

  The roll was taken. [Display of roll call vote omitted; ayes-37, noes-59.] Motion failed.

  Representative Ferrall moved that Assembly Bill 1065 be referred to the Joint Committee on Finance.

  Point of order:

  Representative Donoghue rose to the point of order that the motion was dilatory under Assembly Rule 69.

  The chair [Rep. Kirby] ruled the point of order not well taken.

  The question was: Shall Assembly Bill 1065 be referred to the Joint Committee on Finance?

  The roll was taken. [Display of roll call vote omitted; ayes-37, noes-58.] Motion failed.

  [Background: Representative Prosser moved that Assembly Bill 744, relating to strip searches and providing a penalty, be referred to the committee on Criminal Justice and Public Safety. Motion failed; other intervening business.]

523   Representative Prosser moved that Assembly Bill 744 be referred to the committee on Criminal Justice and Public Safety.

  [Repetitive motion:]

  The speaker [Jackamonis] ruled the motion out of order because that motion had previously been made.

  Representative Shabaz moved that Assembly Bill 744 be referred to the committee on State Affairs.

  Point of order:

  Representative Ferrall rose to the point of order that the motion was out of order under Assembly Rule 69 (1).

  The speaker [Jackamonis] ruled the point of order not well taken.

  Point of order:

  Representative Foti rose to the point of order that Senate Bill 32 [relating to eliminating the boards of natural resources, of agriculture, trade and consumer protection and of veterans affairs and changing the departments of natural resources, of agriculture, trade and consumer protection and of veterans affairs to a cabinet form of government headed by a secretary, changing the method of removal of state officers, and creating councils] was improperly before the assembly because it had been acted on by the committee on State Affairs in violation of Assembly Rule 12 on October 16, 1985.

  The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order not well taken.

[Point of order:]

  Senator Chilsen raised the point of order that Senate Bill 663 [relating to the individual and corporate surtaxes, the homestead credit, the required general fund balance, reducing the bonding authority for highway projects, income tax exemptions, income and franchise tax deductions for intercorporate dividends and for insurers' loss carry-backs, property tax statements, the definition of the internal revenue code for purposes of the income, franchise, inheritance and minimum taxes, required health insurance coverage, income tax exemptions, utility taxes on telephone companies, decreasing the primary guaranteed valuation, providing penalties and making an appropriation] was not properly before us due to an improper report from the Joint Survey committee on Tax Exemptions.

  The chair [Pres. Risser] ruled the point of order not well taken.

[Point of order:]

  Senator Sensenbrenner raised the point of order that the bill [Senate Bill 301, relating to changing the property tax assessment date to January 1] was not properly before the senate as the committee report was not accurate.

  The chair [Lt.Gov. Schreiber] ruled the point of order not well taken.

[Point of order:]

525   Senator Stitt raised the point of order that according to Article 4, Section 26 of the Wisconsin state constitution, a 3/4 vote is required to pass Senate Bill 148 [relating to the Wisconsin retirement system, fixed retirement investment trusts, transferring funds, and the applicability of laws governing certain public employe benefits to state employes who are covered by a collective bargaining agreement].

  The Chair ruled the point not well taken and will spread its opinion upon the journal.

  Ruling of the chair:

  On April 26, 1989, the Senator from the 20th, Senator Stitt, raised the point of order that in accordance with Article IV, Section 26, of the Wisconsin State Constitution, Senate Bill 148 required a three-fourths majority of all members elected (25) to pass. The President of the Senate, Senator Fred A. Risser ruled that the point of order was not well taken. The Senator from the 20th with unanimous consent requested that the President publish a written decision in the Journal.

  The Senator from the 20th raised 3 points:

  1. 500 million dollars is transferred from the transaction amortization account which is to be credited to the employer, employe and annuity accounts on a proportional basis. This transfer is to take place on the last day of the first full month after the effective of this act.

  2. The amount of the above noted transfer to be credited to the Fixed Annuity Reserve is 34.6% of the 500 million or 173 million dollars. The Senator from the 20th indicated that this transfer would not take place if this bill was not enacted into law.

  3. The amount noted in item #2, the 173 million dollars would be distributed as dividends to current annuitants in 1990 without further action by any governing body.

  The Chair refers the membership to two earlier rulings on this subject, the first appears in the Journal of the Senate dated June 18, 1987 on pages 241 and 242. At that time a similar point was raised by the Senator from the 11th, Senator Davis in relation to the effective date of a transfer of funds. The Chair ruled that the effective date of the transfer of funds does not have an impact on the benefits of current annuitants, that logic prevails in this situation and therefore the point raised by the Senator in item #1 does not give reason to invoke the provisions of Article IV, Section 26 of the Constitution.

  On October 21, 1987, Journal of the Senate Page 422 is published a written ruling of the Chair in which Senator from the 19th, Senator Ellis raised a point of order that AB 462 in accordance with Section 26, Article IV of the Constitution required a three-fourths majority vote for concurrence.

  Points were raised in this case that are similar to those raised by the Senator from the 20th in items #2 and #3 above. Although the amounts are different, the issues involved in the transfer of funds are the same. As stated in this ruling, the Chair points out that these changes alone do not provide for an increase in benefits to current annuitants, although current law provides a vehicle for dividends to be paid to current annuitants. Without the current language in the statutes no dividend would be paid. Senate Bill 148 does not amend the current language providing for dividends to bae paid to current annuitants.

  The Chair is of the opinion that Senate Bill 148 in and of itself does not increase benefits for current annuitants or participants of the retirement fund who are no longer employed. Therefore, the Chair rules the point of order not well taken.

  Senator Fred A. Risser
President of the Senate

  [Background:] Senator Chilsen moved 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 nonconcurred in. The question was: Shall the bill be nonconcurred in?

[Point of order:]

  Senator Ellis raised the point of order that a three-fourths vote was needed to concur in the bill. The chair took the point of order under advisement.

  Ruling of the chair:

  The Senator from the 19th District, Senator Ellis, has raised the point of order that in accordance with Section 26, Article IV of the Wisconsin Constitution, Assembly Bill 462 requires a three-fourths majority vote for concurrence.

  The Chair has had an opportunity to study the contents of Assembly Bill 462 as it relates to the special vote requirement.

  The Chair would refer the membership to an earlier ruling on this subject as it related to the passage of Senate Bill 100 (the Executive Budget Bill). At that time the Chair ruled that the extraordinary vote requirement of Section 26, Article IV of the Wisconsin Constitution applied when increased benefits are provided to persons who have been granted benefits or have left employment covered by the system and are eligible for benefits at a future date. (See Ruling of the Chair, page 241, Journal of the Senate, June 18, 1987.)

  Assembly Bill 462 contains the following provisions:

  1. Normal retirement age is set at age 62 for general employes.

  2. Benefit reduction for retirement prior to age 62 is reduced from 4.8% per year to 2.4% for a ten year period (this would make it easier for employes to retire early as they would not lose as much in benefits).

  3. Early retirement window. The bill provides a three-year window for early retirement (rule of 62/23 and 55/25). Each year of service over 23 to 25 minimum reduces retirement age by one year.

  4. Multiplier for protective service is brought into conformity with Federal Age Discrimination Law.