[Point of order:]

647   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:

  Representative Ulichny rose to the point of order that assembly amendment 1 to Senate Bill 550 [relating to increasing the scope of authority of redevelopment authorities to eliminate blight and clear slums and to redefining "blighted area" for the purposes of redevelopment authorities and tax incremental financing] was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].

  The chair [Rep. Clarenbach, speaker pro tem] ruled the point of order well taken.

  [Withdraw from joint survey committee, motion not allowed:]

648   Representative T. Thompson asked unanimous consent that the rules be suspended and that Assembly Bill 763 [relating to replacing the inheritance tax with an estate tax, creating a system for the administration of the estate tax, abolishing the gift tax, deleting capital gains as a preference item for purposes of the minimum tax, reducing the 1984 individual surtax and providing penalties] be withdrawn from the Joint Survey Committee on Tax Exemptions and placed on the calendar of Thursday, October 27.

  The speaker [Loftus] ruled the motion out of order under section 13.52 (6) of the Wisconsin Statutes.

  [Motion to withdraw from joint survey committee:]

  Representative Shabaz moved that the rules be suspended and that Assembly Bill 818 [compiled multi-issue "budget trailer" bill: relating to soil and water conservation aids, Stonefield village, aid to families with dependent children, Milwaukee state office building space rental changes, temporary reallocation of state balances, special school adjustment aid, school cost controls, school of veterinary medicine funding, shared revenue, medical assistance, gift and estate tax exemption for interspousal transfers, community aids, elderly and handicapped transportation copayment, 10% property tax credit, levy limits, granting rule-making authority, providing for a study, providing penalties and making and decreasing appropriations] be withdrawn from the Joint Survey Committee on Tax Exemptions and made a special order of business at 10:00 A.M. on Thursday, October 15.

  Speaker Jackamonis ruled the motion out of order under section 13.52 of the Wisconsin Statutes.

  Point of order:

  Senator Hanaway asked unanimous consent that Senate Bill 38 [relating to exempting interspousal transfers from inheritance taxes] be withdrawn from Joint Survey Committee on Tax Exemptions and referred to the committee on Senate Organization.

  Senator Berger raised the point of order that a bill cannot be withdrawn from a joint survey committee without a committee report. The chair took the point of order under advisement.

  Ruling of the chair [Pres. Risser]:

649   On Friday, October 30, 1981 Senator Hanaway asked unanimous consent that Senate Bill 38 be withdrawn from the Joint Survey Committee on Tax Exemptions and referred to the committee on Senate Organization.

  Senator Berger raised the point of order that a bill cannot be withdrawn from a joint survey committee without a committee report.

  The Senate has a long standing precedent of not permitting bills to be withdrawn from a joint survey committee until such time as a report is received. In this situation Senator Hanaway raises the point that the committee has submitted a report on an identical proposal in the Assembly, and that the statutes require a report on proposals, not individual bills, and therefore Senate Bill 38 could be withdrawn.

  The chair has ruled on withdrawal of bills from the joint survey committees on several occasions and has held that bills may not be withdrawn without a written report. The question of a report having been made on an identical proposal being used as the report and thereby permitting withdrawal has not been addressed.

  Senator Hanaway is correct in his statement that the statutes refer to reports on proposals. However, reading the entire sentence the statutes read in part: "and such report has been printed as an appendix to the bill and attached thereto as are amendments."

  It is the opinion of the chair that the statutes require a report on each proposal, whether identical with a previous one or not and that the report must be submitted in accordance with 13.52 (6).

  Therefore the point of order raised by the senator of the fifth, Senator Berger, is well taken.

  Point of order:

  Senator Hanaway asked unanimous consent that Senate Bill 38 [relating to exempting interspousal transfers from inheritance taxes] be withdrawn from Joint Survey Committee on Tax Exemptions and referred to committee on Senate Organization.

  Senator Berger raised the point of order that a bill cannot be withdrawn from a joint survey committee without a committee report. The chair took the point of order under advisement.

  Ruling of the chair [Pres. Risser]:

  On Tuesday, October 27, 1981, Senator Hanaway asked unanimous consent to withdraw Senate Bill 38 from the Joint Survey Committee on Tax Exemptions. Senator Berger raised a point of order that Senate Bill 38 cannot be withdrawn from the Joint Survey Committee on Tax Exemptions without a committee report. On page 1429, Journal of the Senate, July 9, 1971, an identical point of order was raised by Senator Hollander. At that time, the chair ruled that pursuant to Chapter 13.52 (6) of the statutes, no bill introduced, relating to tax exemptions or deductions, could be acted on until a recommendation by the Joint Survey Committee on Tax Exemptions had been received and the point of order was well taken.

  Therefore, pursuant to the ruling of July 9, 1971, and Chapter 13.52 (6) of the statutes, the chair is of the opinion that Senate Bill 38 cannot be withdrawn from the Joint Survey Committee on Tax Exemptions and the point of order raised by Senator Berger is well taken.

  [Motion to withdraw out of order:]

  Representative McEssy asked unanimous consent that Assembly Bill 575 be withdrawn from the Joint Survey Committee on Tax Exemptions and referred to the Joint Committee on Finance. ( The speaker [Jackamonis] ruled the request out of order.

  [Background:]

  Senate Joint Resolution 7, [to amend section 1 of article VIII of the constitution, relating to allowing the legislature to provide relief to persons for the tax imposed relating to improvements made on homes (1st consideration)]. Read first time and referred to Joint Survey Committee on Tax Exemptions.

  Senate Joint Resolution 8, [to amend section 1 of article VIII of the constitution, relating to property tax exemption for the homestead property of

  residents aged 65 or older (1st consideration)]. Read first time and referred to Joint Survey Committee on Tax Exemptions.

  Senator Theno asked unanimous consent that Senate Joint Resolutions 7 and 8 be considered for action at this time. Senator Berger objected.

[Point of order:]

  Senator Theno raised the point of order that Senate Joint Resolutions 7 and 8 were constitutional amendments and therefore were not required to be referred to the Joint Survey Committee on Tax Exemptions pursuant to 13.52 Wis. Stats. The chair took the point of order under advisement.

  On Thursday, January 13, 1977, Senator Theno raised the point of order that Senate Joint Resolutions 7 and 8 were constitutional amendments and therefore were not required to be referred to the Joint Survey Committee on Tax Exemptions pursuant to sec. 13.52 Wis. Stats. The chair took the point of order under advisement.

  Section 13.52 (5) sets forth the powers and duties of the committee. "It is the purpose of this committee to provide the legislature with a considered opinion of the legality of the proposal, of the fiscal effect upon the state and its subdivisions and of the desirability as a matter of public policy of each legislative proposal which would modify existing laws or create new laws relating to the exemption of property or persons from any state or local taxes or special assessments."

  The powers and duties section, 13.52 (5), and the report section, 13.52 (6), mention in specific: (5) "each legislative proposal which would modify existing laws or create new laws" and (6) "proposal which affects any existing statute or creates any new statute".

651   It is the chair's opinion that Senate Joint Resolutions 7 and 8, which are constitutional amendments, do not "affect any existing statute or create any new statute", nor do they "modify existing laws or create new laws". Therefore, the joint resolutions would not be required by law to be referred to the Joint Survey Committee on Tax Exemptions.

  A similar point of order was raised in June of 1975, journal page 954 and in February of 1973, journal page 427. It is the opinion of the chair that these earlier rulings were based on sound reasoning and the chair upholds its earlier position.

  Therefore, the point of order is well taken.

  FRED A. RISSER
President pro tempore

[Point of order:]

  Senator Sensenbrenner raised the point of order that, pursuant to senate rule 20, Senate Joint Resolutions 7 and 8 were required to be referred to a senate standing committee not a joint statutory committee. The chair took the point of order under advisement.

  As it relates to the point of order raised by Senator Sensenbrenner that Senate Joint Resolutions 7 and 8 are required by senate rule 20 to be referred to a senate standing committee, the chair rules the point of order is not well taken.

  Senate rule 20 does not require that measures be referred to standing committees as opposed to statutory committees. There is nothing in any of the senate rules that does not allow referral to a statutory committee. The joint resolutions are properly in the Joint Survey Committee on Tax Exemptions.

  FRED A. RISSER
President pro tempore

[Point of order:]

  Senator Theno moved that Senate Joint Resolution 8 be withdrawn from Joint Committee on Tax Exemptions and referred to committee on Senate Organization.

  Senator Berger raised the point of order that a written report on Senate Joint Resolution 8 was necessary to withdraw it from the Joint Survey Committee on Tax Exemptions. The chair took the point of order under advisement.

  On Tuesday, March 28, 1978, Senator Theno moved to withdraw Senate Joint Resolution 8 from the Joint Survey Committee on Tax Exemptions. Senator Berger raised the point of order that the committee had not yet submitted a written report as required by s. 13.52 of the Wisconsin statutes.

  On January 20, 1977 the chair ruled that s. 13.52 of the Wisconsin statutes did not require that Senate Joint Resolution 8 be referred to the Joint Survey Committee on Tax Exemptions. Implicit in that ruling is the absence of a requirement that a written report be submitted on the resolution.

  Therefore the point of order raised by Senator Berger is not well taken. The motion made by Senator Theno is proper and the question is shall Senate Joint Resolution 8 be withdrawn from the Joint Survey committee on Tax Exemptions.

[Point of order:]

  Senator Sensenbrenner raised the point of order that pursuant to senate rule 18 (2) there was insufficient notice given and Assembly Bill 664 was not properly before the senate. The chair took the point of order under advisement.

  Earlier today the Senator from the 4th, Senator Sensenbrenner, raised the point of order that Assembly Bill 664 [relating to campaign financing, creating a clean election campaign fund, granting rule-making authority, making appropriations and providing penalties] was not properly before the Senate. He argued that placing Assembly Bill 664 under the 9th order on the calendar of September 28 for final reading was in violation of senate rule 18 (2). He claimed that the senate organization committee was required by senate rule 18 (2) to provide at least 18 hours notice of matters to be taken up by the Senate and that such notice had not been provided in this case.

  Senate rule 18 (1) makes it clear that the scheduling authority of the senate organization committee extends to many matters. Senate organization's scheduling authority does not extend, however, to bills, resolutions or other business which senate rules or precedent clearly provide shall be handled in another manner.