Assembly amendment 6 to Assembly Bill 495 offered by Representative Klusman.
Representative Skindrud moved rejection of Assembly amendment 6 to Assembly Bill 495.
The question was: Shall Assembly amendment 6 to Assembly Bill 495 be rejected?
The roll was taken.
The result follows:
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Ayes - Representatives Ainsworth, Albers, Balow, Berceau, Black, Bock, Boyle, Brandemuehl, Carpenter, Coggs, Colon, Cullen, Duff, Foti, Freese, Gard, Gronemus, Gunderson, Hahn, Handrick, Hasenohrl, Hebl, Hoven, Huber, Hubler, Huebsch, Hundertmark, Hutchison, Johnsrud, Kaufert, Kelso, Kreibich, Kreuser, Krug, Krusick, Ladwig, Lassa, J. Lehman, M. Lehman, Meyer, Meyerhofer, Miller, Montgomery, Morris-Tatum, Musser, Olsen, Owens, Petrowski, Pettis, Plale, Plouff, Pocan, Porter, Powers, Reynolds, Rhoades, Richards, Riley, Ryba, Schneider, Schooff, Seratti, Sherman, Sinicki, Skindrud, Spillner, Staskunas, Steinbrink, Sykora, Townsend, Travis, Turner, Underheim, Vrakas, Wasserman, Waukau, Wieckert, Williams, Wood, Young and Speaker Jensen - 81.
Noes - Representatives Goetsch, Grothman, Gundrum, Jeskewitz, Kedzie, Kestell, Klusman, La Fave, F. Lasee, Leibham, Nass, Ott, Stone, Suder, Urban, Walker, Ward and Ziegelbauer - 18.
Absent or not voting - None.
Motion carried.
The question was: Shall Assembly Bill 495 be ordered engrossed and read a third time?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill
495 be given a third reading. Granted.
The question was: Assembly Bill 495 having been read three times, shall the bill be passed?
The roll was taken.
The result follows:
Ayes - Representatives Albers, Balow, Berceau, Black, Bock, Boyle, Brandemuehl, Carpenter, Coggs, Colon, Cullen, Freese, Gard, Gronemus, Gunderson, Hahn, Handrick, Hasenohrl, Hebl, Huber, Hubler, Huebsch, Hundertmark, Hutchison, Johnsrud, Kaufert, Kelso, Kestell, Kreibich, Kreuser, Krug, Krusick, La Fave, Ladwig, Lassa, J. Lehman, M. Lehman, Meyer, Meyerhofer, Miller, Montgomery, Morris-Tatum, Musser, Olsen, Ott, Petrowski, Pettis, Plale, Plouff, Pocan, Porter, Powers, Reynolds, Rhoades, Richards, Riley, Ryba, Schneider, Schooff, Seratti, Sherman, Sinicki, Skindrud, Spillner, Staskunas, Steinbrink, Suder, Sykora, Townsend, Travis, Turner, Vrakas, Wasserman, Waukau, Wieckert, Williams, Wood, Young and Speaker Jensen - 79.
Noes - Representatives Ainsworth, Duff, Foti, Goetsch, Grothman, Gundrum, Hoven, Jeskewitz, Kedzie, Klusman, F. Lasee, Leibham, Nass, Owens, Stone, Underheim, Urban, Walker, Ward and Ziegelbauer - 20.
Absent or not voting - None.
Motion carried.
Representatives Travis, Miller, Hebl, Pocan, Musser, Black, Turner and Berceau asked unanimous consent to be made coauthors of Assembly Bill 495. Granted.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill
495 be immediately messaged to the Senate. Granted.
Representative Albers asked unanimous consent to be withdrawn as a coauthor of Assembly Bill
225. Granted.
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Representative Foti asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
5:50 P.M.
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8:35 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
Representative Foti asked unanimous consent for a quorum call. Granted.
A quorum was present.
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By Donald J. Schneider, Senate Chief Clerk.
Mr. Speaker:
I am directed to inform you that the Senate has
Concurred in:
Assembly Bill 495
Adopted and asks concurrence in:
Committee of Conference report on Assembly Bill 133
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Assembly Bill 133
Relating to: state finances and appropriations, constituting the executive budget act of the 1999 legislature.
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Read first time and referred:
Assembly Joint Resolution 78
Relating to: the procedures of the legislature regarding the report of the committee of conference on 1999 Assembly Bill 133.
By
Representative
Cullen
.
To committee on Rules.
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Representative Cullen asked unanimous consent that the rules be suspended and that
Assembly Joint Resolution 78 be withdrawn from the committee on
Rules and taken up at this time.
Representative Foti objected.
Representative Cullen moved that the rules be suspended and that Assembly Joint Resolution 78 be withdrawn from the committee on Rules and taken up at this time.
The question was: Shall the rules be suspended and Assembly Joint Resolution 78 be withdrawn from the committee on Rules and taken up at this time?
The roll was taken.
The result follows:
Ayes - Representatives Balow, Berceau, Black, Bock, Boyle, Carpenter, Coggs, Colon, Cullen, Gronemus, Hasenohrl, Hebl, Huber, Hubler, Kreuser, Krug, Krusick, La Fave, Lassa, J. Lehman, Meyer, Meyerhofer, Miller, Morris-Tatum, Plale, Plouff, Pocan, Reynolds, Richards, Riley, Ryba, Schneider, Schooff, Sherman, Sinicki, Staskunas, Steinbrink, Travis, Turner, Wasserman, Waukau, Williams, Wood, Young and Ziegelbauer - 45.
Noes - Representatives Ainsworth, Albers, Brandemuehl, Duff, Foti, Freese, Gard, Goetsch, Grothman, Gunderson, Gundrum, Hahn, Handrick, Hoven, Huebsch, Hundertmark, Hutchison, Jeskewitz, Johnsrud, Kaufert, Kedzie, Kelso, Kestell, Klusman, Kreibich, Ladwig, F. Lasee, M. Lehman, Leibham, Montgomery, Musser, Nass, Olsen, Ott, Owens, Petrowski, Pettis, Porter, Powers, Rhoades, Seratti, Skindrud, Spillner, Stone, Suder, Sykora, Townsend, Underheim, Urban, Vrakas, Walker, Ward, Wieckert and Speaker Jensen - 54.
Absent or not voting - None.
Motion failed.
Assembly Bill 133
Relating to: state finances and appropriations, constituting the executive budget act of the 1999 legislature.
Representative Hubler asked for a division of the question on concurrence in the committee of conference report on Assembly Bill 133.
Speaker Pro Tempore Freese took the request under advisement.
The Assembly stood informal.
9:15 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
9:20 P.M.
The Chair denied the request by Representative Hubler for a division of the question on concurrence in the committee of conference report on Assembly Bill 133.
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Representative Hubler rose to the point of order that the committee of conference report on
Assembly Bill 133 is divisible under Assembly Rule
80.
Speaker Pro Tempore Freese took the point of order under advisement.
Representative Foti asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
9:37 P.M.
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10:10 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
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The Chair ruled
not well taken the point of order raised by Representative Hubler that the committee of conference report on Assembly Bill 133 is divisible.
The complete text of the Chair follows:
"The Lady from the 75th had raised a Point Of Order that didn't basically agree with the Chair declaring her motion to divide the Conference Committee Report. She raised a Point Of Order that the Conference Committee Report could be divided, as I understood it, into Sections 1, 2, and 3. I believe her original motion was to divide it into Item 3.
The Chair has spent some time trying to work through this particular Point Of Order to make sure because I am sure that the Lady will ask that it become precedent in the rulings of the Chair. So the Chair has taken some time looking at Assembly Rules, Joint Rules, Senate Rules, Mason's Manual and Jefferson's Manual to try to resolve this issue. The Lady from the 75th and the Gentleman from the 44th make the Point Of Order that we can divide it into different components based on Assembly Rule
80(4).
Assembly Rule
80(4) lists what is not divisible and because the Report On Committees doesn't happen to show up there it is the belief, I believe, of the Lady from the 75th and the Gentleman from the 44th that because it is merely not stated there, that it is divisible. One has to, I believe, look at Assembly Rule
80(1), which is "any member may request a division of simple amendments and motions involving distinct and independent propositions or concurrent action if they are severable without being rewritten or restated and the question shall be divided if each separate proposition or action to be voted on is complete and proper, regardless of the action taken on the other portions of the original question."
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So the Chair looked, taking the advice that the Lady from the 75th and the Gentleman from the 44th were telling the Chair that this is a Report on the Committee On Conference. It is not an amendment, they report, because it is not specifically talked about in Assembly Rule
80(4). Therefore, it is divisible. It is the Chair's opinion, that under Assembly Rule
80(1), which governs what is divisible, this simply is not an amendment. It is not a simple amendment. Actually, if we were even to take conference amendment l, which is an amendment to the Assembly Substitute Amendment, I think members can easily see that this is just not a simple amendment. It is rather complex. It's actually a little longer than Gone With the Wind, and has quite a bit more intrigue in it, I think.
So, it is clearly, to the Chair, not a division of a simple amendment because as the Lady from the 75th and Gentleman from the 44th pointed out in their Points Of Order, that it was a report that should be divided based on the fact that it didn't show up in 80(4).
