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Bills · 2013-2014 Regular Session

AB 161

Became law Official bill text Atom feed

Relating to: injunctions suspending or restraining the enforcement or execution statewide of a statute of this state.

Court — Appellate Court — Procedure Statutes Supreme court Swanson, robert s

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Generally, under current law, an interlocutory or final judgment issued by a

court in an action for an injunction may not be stayed after the entry of the judgment

or during the pendency of an appeal. This bill makes an injunction, restraining order,

or other order that, upon entry, suspends or restrains the enforcement of any state

statute (order) immediately appealable to an appellate court or to the Wisconsin

Supreme Court. If a petition for interlocutory review is filed within ten days after

the entry of the order, the order is stayed until one of the following occurs:

1. The appellate court or the Supreme Court grants the petition for

interlocutory review and subsequently orders that the automatic stay be lifted.

2. The appellate court or the Supreme Court denies the petition for

interlocutory review and simultaneously orders that the automatic stay be lifted.

3. Entry of a final and unappealable order disposing of the entire case.

The bill permits the appellate court or the Supreme Court to enter such orders

as are necessary to the resolution of the petition.

Sponsors

Introduced by: A. Ott (R) , August (R) , Ballweg (R) , Brooks (R) , Craig (R) , Endsley (R) , Honadel (R) , Hutton (R) , Jacque (R) , Kapenga (R) , Kestell (R) , Kleefisch (R) , Knodl (R) , Kooyenga (R) , Kramer (R) , Kuglitsch (R) , LeMahieu (R) , Murphy (R) , Nass (R) , Pridemore (R) , Sanfelippo (R) , Schraa (R) , Spiros (R) , Steineke (R) , Stone (R) , Stroebel (R) , Suder (R) , Thiesfeldt (R) , Tittl (R) , Weatherston (R)

6 cosponsors

Darling (R) , Ellis (R) , Grothman (R) , Kedzie (R) , Leibham (R) , Vukmir (R)

Votes

Suspending the rules (to take a vote immediately) needs a two-thirds majority — a higher bar than passing the bill, which needs a simple majority. That's why a suspension motion can show more Ayes than the passage vote that follows it. Glossary

Assembly: Report passage recommended by Committee on Government Operations and State Licensing, Ayes 7, Noes 4

Passed 7–4 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Refused to suspend rules to read a third time, Ayes 55, Noes 39

Passed 55–39 May 14, 2013 official source full page

Aye · 55

Nay · 39

Not voting · 5

Assembly: Refused to refer to committee on Judiciary, Ayes 39, Noes 55

Failed 39–55 May 14, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 57, Noes 39

Passed 57–39 Jun 6, 2013 official source full page

Aye · 57

Nay · 39

Not voting · 3

Senate: Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Labor, Ayes 5, Noes 0

Passed 5–0 Jan 8, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence as amended recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

Passed 3–2 Jan 8, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and concurred in as amended, Ayes 18, Noes 14

Passed 18–14 Feb 11, 2014 official source full page

Not voting · 1

Assembly: Assembly Amendment 1 to Senate Substitute Amendment 1 laid on table, Ayes 58, Noes 38

Passed 58–38 Feb 18, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Senate Substitute Amendment 1 concurred in, Ayes 60, Noes 36

Passed 60–36 Feb 18, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Apr 19, 2013 · Assembly

    Introduced by Representatives Craig, A. Ott, August, Ballweg, Brooks, Honadel, Hutton, Jacque, Kapenga, Kestell, Kleefisch, Knodl, Kooyenga, Kramer, Kuglitsch, LeMahieu, Murphy, Nass, Pridemore, Sanfelippo, Schraa, Spiros, Steineke, Stone, Stroebel, Suder, Thiesfeldt, Tittl, Weatherston and Endsley; cosponsored by Senators Grothman, Vukmir, Ellis, Kedzie, Darling and Leibham

  2. Apr 19, 2013 · Assembly

    Read first time and referred to Committee on Government Operations and State Licensing

  3. May 1, 2013 · Assembly

    Public hearing held

  4. May 8, 2013 · Assembly

    Executive action taken

  5. May 8, 2013 · Assembly

    Report passage recommended by Committee on Government Operations and State Licensing, Ayes 7, Noes 4

  6. May 8, 2013 · Assembly

    Referred to Committee on Rules

  7. May 8, 2013 · Assembly

    Placed on calendar 5-14-2013 by Committee on Rules

  8. May 14, 2013 · Assembly

    Refused to suspend rules to read a third time, Ayes 55, Noes 39

  9. May 14, 2013 · Assembly

    Made a special order of business at 1:01 PM on 6-4-2013 pursuant to Assembly Resolution 10

  10. May 14, 2013 · Assembly

    Read a second time

  11. May 14, 2013 · Assembly

    Refused to refer to committee on Judiciary, Ayes 39, Noes 55

  12. May 14, 2013 · Assembly

    Ordered to a third reading

  13. Jun 6, 2013 · Assembly

    Read a third time and passed, Ayes 57, Noes 39

  14. Jun 6, 2013 · Assembly

    Ordered immediately messaged

  15. Jun 7, 2013 · Senate

    Received from Assembly

  16. Jun 11, 2013 · Senate

    Read first time and referred to committee on Judiciary and Labor

  17. Jan 6, 2014 · Senate

    Senate Substitute Amendment 1 offered by Senator Grothman

  18. Jan 7, 2014 · Senate

    Executive action taken

  19. Jan 8, 2014 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Labor, Ayes 5, Noes 0

  20. Jan 8, 2014 · Senate

    Report concurrence as amended recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

  21. Jan 8, 2014 · Senate

    Available for scheduling

  22. Feb 6, 2014 · Senate

    Placed on calendar 2-11-2014 pursuant to Senate Rule 18(1)

  23. Feb 11, 2014 · Senate

    Read a second time

  24. Feb 11, 2014 · Senate

    Senate Substitute Amendment 1 adopted

  25. Feb 11, 2014 · Senate

    Ordered to a third reading

  26. Feb 11, 2014 · Senate

    Rules suspended

  27. Feb 11, 2014 · Senate

    Read a third time and concurred in as amended, Ayes 18, Noes 14

  28. Feb 11, 2014 · Senate

    Ordered immediately messaged

  29. Feb 11, 2014 · Assembly

    Received from Senate amended and concurred in as amended (Senate Substitute Amendment 1 adopted)

  30. Feb 13, 2014 · Assembly

    Read and referred to committee on Rules

  31. Feb 13, 2014 · Assembly

    Placed on calendar 2-18-2014 by Committee on Rules

  32. Feb 18, 2014 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Representatives Kessler and C. Taylor

  33. Feb 18, 2014 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 laid on table, Ayes 58, Noes 38

  34. Feb 18, 2014 · Assembly

    Senate Substitute Amendment 1 concurred in, Ayes 60, Noes 36

  35. Feb 18, 2014 · Assembly

    Action ordered immediately messaged

  36. Feb 28, 2014 · Assembly

    Report correctly enrolled on 2-28-2014

  37. Mar 26, 2014 · Assembly

    Presented to the Governor on 3-26-2014

  38. Mar 27, 2014 · Assembly

    Report approved by the Governor on 3-27-2014. 2013 Wisconsin Act 156

  39. Mar 27, 2014 · Assembly

    Published 3-28-2014