RULES AND RULINGS: FINAL LEGISLATIVE STEPS


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      Senator [Clifford W. Krueger; Rep., Merrill] moved reconsideration
of the vote by
    which Assembly Bill 23 was concurred in.
    Once the time for entering a motion for reconsideration has expired,
the
maker of the motion no longer has a right to withdraw the pending reconsid-
eration motion (Assembly Journal 3/6/84, page 845), but withdrawing the motion
may be permitted by unanimous consent (Assembly Journal 5/5/81, page 444).
The
rules of both houses agree this far. In addition, Senate Rule 67 (8) allows
late
withdrawal "by consent of or action by the senate".
   Time for considering the motion. In the Senate, a motion for reconsidera-
tion is taken up immediately unless consideration is postponed or the motion
is tabled. Tabling of the motion is only a temporary disposition; the motion
may be taken from the table at any time by order of the Senate.
   In 1978, Senate President pro tem. Risser used a point of order by the
Majority Leader, Sen. William A. Bablitch (Dem., Stevens Point), to explain
the Senate practice under a reconsideration motion (Senate Journal 3/7/78,
page
1893). As a part of his written opinion, Sen. Risser expressed the hope that
the
result would be "a clearer understanding of proper reconsideration proce-
dure", and reminded the Senate that "it is always helpful to remember
that
any kind of procedural strategy is allowed if the rules are suspended. Some-
times action which is obviously improper under the rules is questioned, but
turns out to have been taken only as the result of a successful unanimous
consent request.
      On Tuesday, February 21, 1978, the Senate failed to concur in Assembly
Bill 814
    [relating to restrictions on volume discounts to retailers from wholesalers
of malt bever-
    ages and liquors and providing a penalty]. At the conclusion of the day's
session Sena-
    tor [James T. Flynn; Dem., Milwaukee] moved to reconsider that vote.
Senator Bablitch
    moved to table the reconsideration motion and raised a point of order
relative to Senate
    rules and procedure on motions for reconsideration.
      [The Senate rule] states: "A motion to reconsider shall be put
immediately unless it is
    laid over to a future time by majority vote" [and] "The motion
for reconsideration may
    be laid on the table without debate."
      These rules set forth the three basic procedural alternatives available
once a motion
    for reconsideration has been made. Each can be decided by majority vote
any time after
    pending business or motions of higher precedence are disposed of.
      1   Put the question immediately and vote the motion up or down....
      2 Move to lay the reconsideration motion over to a future time (later
on that day's
        calendar or to a future calendar)....
      3-Move to lay the reconsideration motion on the table.... This motion,
if success-
        ful, would have the effect of disposing of the reconsideration motion
temporarily
        and the motion could be taken from the table at any time by majority
vote.
      Mason's Manual, sec. 472 (2) states that "when a motion to reconsider
is laid on the
    table or postponed definitely, the question to be reconsidered and all
adhering questions
    go with it." Senate Rule 41 (2) clearly prohibits referring a motion
to reconsider to
    committee.
      .... A motion to reconsider is unusual in that the making of the motion
has a higher
    rank than its consideration. Making a motion to reconsider is accorded
a high priority by
    Senate Rule 67 (3) which states that "the motion for reconsideration
.... shall be received
    under any order of business," and Mason's Manual sec. 92 (3) which
lists the making of
    a reconsideration motion as one of the few circumstances under which
a member may
    interrupt a speaker. Consideration of a motion to reconsider, however,
must wait until
    pending business or motions of higher precedence are disposed of.