Feed for /misc/rulings/_10
Assembly amendment 1 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 offered by Representative Welch.
[Note:] Dividing A.Amdt-4, while proper, was unnecessary. A.Amdt-4 to A.Sub.Amdt-3 to AB 38 was only an amendment in the 1st degree [see A.Rule 52 (2) (a)] and "an amendment to a simple amendment to a substitute amendment is in order". Thus, what was Div-1 could have been an amendment to A.Amdt-4 to delete "or incest", and what was Div-2 an amendment to delete "rape or".

Nobody raised a point of order that amendments 1, 2 and 3 to "Part 2 of A.Amdt-4" were "improperly drafted" because the rules do not authorize amendinga division. The acquiescence was treated as "unanimous consent". The amendments were debated; amendment 3 was adopted; and it was left to the skill of the drafting department to sort it all out on the next day.
Representative Loftus moved rejection of assembly amendment 1 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38. The assembly stood informal.
Representative Loftus asked unanimous consent that assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be placed after assembly amendment 8 to assembly substitute amendment 3 to Assembly Bill 38. Granted. [Intervening text omitted.]
Assembly Journal of January 30, 1990 .......... Page: 637
Representative Welch asked unanimous consent that assembly amendment 1 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be placed after assembly amendment 2 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38. Granted.
Assembly amendment 2 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 offered by Representative Wimmer.
Representative Wimmer asked unanimous consent that assembly amendment 2 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be placed after assembly amendment 3 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38. Granted.
Assembly amendment 3 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 offered by Representatives Panzer and Rosenzweig.
The question was: Shall assembly amendment 3 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be adopted? Motion carried.
17 Representative Welch asked unanimous consent that assembly amendment 1 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be laid on the table. Granted.
Representative Welch asked unanimous consent that assembly amendment 2 to Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be laid on the table. Granted.
The question was: Shall Part 2 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be adopted? The roll was taken. [Display of roll call vote omitted; ayes-96; noes-0.] Motion carried.
Representative Loftus moved that Part 1 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be taken from the table and taken up at this time.
The question was: Shall Part 1 of assembly amendment 4 to assembly substitute amendment 3 to Assembly Bill 38 be taken from the table and taken up at this time? The roll was taken. [Display of roll call vote omitted; ayes-42; noes-54.] Motion failed.
1 9 8 7 A S S E M B L Y
Assembly Journal of March 3, 1988 .......... Page: 782
Amendment not properly drafted:
Assembly amendment 6 to assembly substitute amendment 4 to Senate Bill 235 [relating to providing family leave and medical leave to employes in this state and providing a penalty] offered by Representatives Margaret Lewis, Rosenzweig and Panzer.
Representative Bell moved rejection of assembly amendment 6 to assembly substitute amendment 4 to Senate Bill 235.
[Note:] The amendment had been drafted to fit an unintroduced substitute amendment draft (LRBs0597/2).

A.SubAmdt.4 (LRBs0689/1), to which the amendment was erroneously offered, already contained the change proposed by the amendment.
The speaker [Loftus] ruled the amendment out of order because it was not properly drafted.
1 9 8 5 S E N A T E
Senate Journal of May 28, 1985 .......... Page: 200
[Point of order:]
Senator Lee raised the point of order that senate amendment 2 [to Assembly Joint Resolution 3, relating to removing obsolete provisions of the state constitution regarding elections and suffrage so as to revise the article on suffrage without impeding any voting rights granted under the constitution or laws of this state (2nd consideration) was not germane.
18 [Note:] S.Amdt.2 proposed to ingraft a Wisconsin equal rights amendment.

The amendment was a floor amendment. It could also have been ruled "not in proper form" because the reversion of a constitutional amendment from 2nd consideration to first consideration requires a substitute amendment; see J.Rule 55 (2)(b).
The chair [Pres. Risser] ruled the point of order well taken.
1 9 8 3 A S S E M B L Y
Assembly Journal of April 4, 1984 .......... Page: 1127
Point of order:
Representative Hephner rose to the point of order that assembly amendment 1 to senate substitute amendment 1 to Assembly Bill 595 [relating to groundwater management, creating a council, granting rule-making authority, imposing penalties and making appropriations] was not in proper form. The speaker took the point of order under advisement.
Assembly Journal of April 4, 1984 .......... Page: 1131
The speaker [Loftus] ruled that assembly amendment 1 to senate substitute amendment 1 to Assembly Bill 595 was in proper form as corrected by the chief clerk. It had been drafted before an engrossed copy of senate substitute amendment 1 to Assembly Bill 595 had been prepared. The speaker ruled the point of order not well taken.
1 9 8 3 S E N A T E
Senate Journal of March 28, 1984 .......... Page: 799
[Point of order:]
Senate amendment 6 to senate substitute amendment 1 [to Assembly Bill 595, relating to groundwater management, creating a council, granting rule-making authority, imposing penalties and making appropriations] offered by Senator Chilsen.
The question was: Adoption of senate amendment 6 to senate substitute amendment 1?
Senator Cullen raised the point of order that senate amendment 6 to senate substitute amendment 1 was not in the proper form.
The chair [Pres. Risser] ruled the point of order well taken.
1 9 8 1 S E N A T E
Senate Journal of February 18, 1982 .......... Page: 1533
Point of order:
Senator Kleczka raised the point of order that senate amendment 4 [to Senate Bill 222, relating to drug paraphernalia citations and disposition for certain juvenile offenses, making appropriations and providing penalties] was improperly drafted. The chair took the point of order under advisement.
19Senate Journal of February 18, 1982 .......... Page: 1536
The chair [Pres. Risser] ruled the point of order raised by Senator Kleczka well taken. By request of Senator Goyke, with unanimous consent, senate amendment 4 to senate substitute amendment 1 was returned to the author.
1 9 7 9 A S S E M B L Y
Assembly Journal of March 14, 1980 .......... Page: 2784
Point of order:
Representative Barczak rose to the point of order that assembly amendment 9 to Assembly Bill 1228 [relating to industrial revenue bonds and projects] was not in proper form.
The chair [Rep. Kedrowski, speaker pro tem] ruled the point of order not well taken.
Assembly Journal of January 23, 1980 .......... Page: 1889
[Amendment offered from the floor not in proper form:]
Assembly amendment 8 to senate substitute amendment 1 to Assembly Bill 749 [relating to revising conditions of bail] offered by Representative Lee.
[Note:] On 2nd reading, "floor amendments may be drafted by members on printed forms with multiple copies provided by the chief clerk for such purpose".

Instead of using the proper form, A.Amdt.8 was handwritten on a form used in the reference bureau to submit manuscript copy for editing and typing.
The speaker [Jackamonis] ruled the amendment not in proper form.
Assembly Journal of October 31, 1979 .......... Page: 1666
[Amendment offered from the floor not in proper form:]
Assembly amendment 9 to assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 777 [relating to creating various alternative energy incentives, making appropriations and granting rule-making authority] offered by Representatives Hephner, Kedrowski and Rooney.
Representative Johnson moved rejection .... The speaker [Jackamonis] ruled that assembly amendment 9 to assembly amendment 3 to assembly substitute amendment 1 to Assembly Bill 777 was not in proper form. [Intervening text omitted.]
20 [Note:] AA-9 to AA-3 to A.Sub.1, and AA-12 to A.Sub.1, consisted of copies of other amendments attached to floor amendment blanks. They were offered from the floor to amend documents which they were not designed to amend; consequently, the page and line number references did not fit. In both cases, the minimum qualifying investment for tax-incentive eligibility was reduced from $600 to $450. Except for the minimum investment:

AA-9 to AA-3 to A.Sub.1 was a copy of AA-8 to AA-3 to A.Sub.1: the floor amendment made an incomplete attempt to reconcile its substance with the earlier adoption of AA-6 to AA-3 to A.Sub.1.

AA-12 to A.Sub.1 was a copy of AA-7 to AA-3 to A.Sub.1: the floor amendment failed to remove the 2nd stage action phrases pertaining to the amending of AA-3 to A.Sub.1.
Assembly amendment 12 to assembly substitute amendment 1 to Assembly Bill 777 offered by Representatives Hephner, Kedrowski and Rooney.
The speaker ruled that assembly amendment 12 to assembly substitute amendment 1 to Assembly Bill 777 was not in proper form.
1 9 7 9 S E N A T E
Senate Journal of February 15, 1979 .......... Page: 146
[Point of order:]
Senator Kleczka raised the point of order that senate amendment 4 to senate substitute amendment 1 [to Senate Bill 1, relating to increasing the amount of the 1978 special property tax credit, modifying the standard deduction, excluding from taxation a portion of the gain from the sale of a principal residence by certain persons, modifying and indexing for inflation the individual income tax rates and brackets, increasing personal exemptions, expanding the homestead tax credit, increasing the inheritance tax exemption for interspousal transfers and exempting home heating fuels from sales and use taxes] was not in proper form.
[Note:] S.Amdt.4 was a floor amendment, partly handwritten and partly predrafted by LRB with blanks to be filled in at the time of submission.

The copy of the floor amendment contained in the drafting record shows that the blanks had not been filled.

Prior to sending the amendment to the printer, the senate chief clerk submitted the floor amendment version to the LRB for redrafting. The printed amendment was complete.
The chair [Lt.Gov. R. Olson] ruled the point of order well taken and that senate amendment 4 to senate substitute amendment 1 was not before the senate.
1 9 7 7 A S S E M B L Y
Assembly Journal of November 10, 1977 .......... Page: 2552
Point of order:
Representative Jackamonis rose to the point of order that assembly amendment 31 to assembly substitute amendment 1 to Senate Bill 2, November 1977 Special Session was not in proper form. Representative Clarenbach asked unanimous consent that the chief clerk be instructed to make corrections in assembly amendment 31 to assembly substitute amendment 1 to Senate Bill 2, November 1977 Special Session. Representative Shabaz objected.
Representative Clarenbach moved that the rules be suspended to make corrections in assembly amendment 31 to assembly substitute amendment 1 to Senate Bill 2, November 1977 Special Session.
21 Representative Clarenbach asked unanimous consent that assembly amendment 31 to assembly substitute amendment 1 to Senate Bill 2, November 1977 Special Session be withdrawn and returned to the author. Granted.
Assembly Journal of June 13, 1977 .......... Page: 1405
Point of order:
Representative Thompson rose to the point of order that assembly amendment 262 to Senate Bill 77 was not in proper form [as distributed on the floor] because it did not state the authors of the amendment and it did not state that it was an amendment to senate substitute amendment 2 to Senate Bill 77.
The speaker [Jackamonis] ruled the point of order not well taken.
Assembly Journal of June 3, 1977 .......... Page: 1364
Point of order:
Representative Shabaz rose to the point of order that assembly amendment 232 to Senate Bill 77 was not in proper form. The speaker took the point of order under advisement.
Assembly Journal of June 3, 1977 .......... Page: 1367
The chair ruled the point of order not well taken on assembly amendment 232 to Senate Bill 77 because the amendment was now in proper form.
Assembly Journal of April 28, 1977 .......... Page: 791
Point of order:
Representative Shabaz rose to the point of order that assembly amendment 2 to assembly amendment 11 to Assembly Bill 353 was not in proper form.
Representative Shabaz asked unanimous consent that assembly amendment 2 to assembly amendment 11 to Assembly Bill 353 be laid on the table. Representative Wahner objected.
Loading...
Loading...