The ayes and noes were required and the vote was: ayes, 33; noes, 0; absent or not voting, 0; as follows:
Ayes - Senators Bernier, Bewley, Carpenter, Cowles, Craig, Darling, Erpenbach, Feyen, Fitzgerald, Hansen, Jacque, Johnson, Kapenga, Kooyenga, Larson, LeMahieu, Marklein, Miller, Nass, Olsen, Petrowski, Ringhand, Risser, Roth, Schachtner, Shilling, Smith, Stroebel, L. Taylor, Testin, Tiffany, Wanggaard and Wirch - 33.
Noes – None - 0.
Absent or not voting – None - 0.
Confirmed.
PFAFF, BRAD M.
Of Onalaska, as Secretary of the Department of Agriculture, Trade and Consumer Protection, to serve for the term ending at the pleasure of the Governor.
POINT OF ORDER
hist110228Senator Carpenter raised the point of order that the Chair should allow the Senator from the 31st to read a transcribed quote from a committee hearing regarding remarks made by another Senator that was not included in the committee record. _____________
RULING ON POINT OF ORDER
hist109409The Chair ruled that reference to what was spoken by senators at a committee meeting on a matter before the senate was not permitted during floor debate on that matter pursuant to Senate Rule 56. The Chair held that reference to words spoken by senators in committee during floor debate was out of order. Senate Rule 56 provides, in part, that “members who are about to speak in debate or deliver any matter to the senate shall rise in their places and respectfully address the presiding officer, and, upon being recognized, shall proceed, confining themselves to the question under debate and avoiding personalities.” (Emphasis added.) Senate Rule 56 requires that during debate members confine their remarks to the question under debate and to no other matters. This rule does not specifically detail the kinds of matters that may be considered during debate. The rule also requires that members avoid personalities when engaged in debate. This is a general prohibition with little detail. It is a long standing practice of the senate to refer to authoritative sources, such as Mason’s Manual of Legislative Procedure, for guidance in interpreting and applying the senate rules. In fact, a previous Chair, Senator Risser, referred to Mason’s Manual as “the first manual used by the State Senate.” (See Senate Journal, March 6, 1990, pp. 770-772.) Mason’s Manual, Sec. 101.1, provides generally that “debate must be confined to the question before the body.” This is the same language as found in Senate Rule 56. But Mason’s Manual, Sec. 101.5, further interprets this general provision to include the following restriction: “Members may not allude to nor relate in debate what was done or said in committee or by any member of the committee, except such as is contained in the written report made to the house by authority of the committee.” Finally, Mason’s Manual, Sec. 123.1, affirms that, in debate, “no person may indulge in personalities, impugn motives of members, or use indecent or profane language.” Again, similar language is found in Senate Rule 56. According to Mason’s Manual, therefore, senators engaged in floor debate may not reference what other senators said during committee deliberations. The only exception involves remarks senators made at committee that are specifically included in the committee report. This rule requires senators to engage in floor debate on the merits of the question before the body at that time and not on words that may have been spoken during committee deliberations. This is particularly the case if a senator’s motives are being impugned by reference to what the senator may or may not have said during committee deliberations. The Chair finds this guidance from Mason’s Manual persuasive. This rule encourages and promotes direct engagement by senators in floor debate on matters before the body, and not on personalities or on what may have been said by a senator at a different time in a different place.
Therefore, it is the opinion of the Chair that the point of order raised by the Senator from the 3rd is not well taken.
Senator Carpenter appealed the ruling of the Chair.
Senator Fitzgerald moved to call the question.
The question was: Shall the Senate vote immediately on the current question?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows:
Ayes - Senators Bernier, Cowles, Craig, Darling, Feyen, Fitzgerald, Jacque, Kapenga, Kooyenga, LeMahieu, Marklein, Nass, Olsen, Petrowski, Roth, Stroebel, Testin, Tiffany and Wanggaard - 19.
Noes - Senators Bewley, Carpenter, Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser, Schachtner, Shilling, Smith, L. Taylor and Wirch - 14.
Absent or not voting – None - 0.
Question called.
hist109404The question was: Shall the Decision of the Chair stand as the judgment of the Senate? The ayes and noes were demanded and the vote was: ayes, 19; noes, 14; absent or not voting, 0; as follows: