Absent or not voting - Representatives Colon and Suder - 2.
Motion carried.
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Point of Order
Representative Gottlieb rose to the point of order that Assembly substitute amendment 1 to
Assembly Bill 447 was not germane under Assembly Rule
54 (1) and
54 (4)(d).
Speaker Pro Tempore Staskunas ruled the point of order
not well taken. The full text of the ruling by Speaker Pro Tempore Staskunas follows:
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"Under AR 54 (2), the presiding officer has the authority to rule on the admissibility of any assembly amendment or assembly substitute amendment when the question of germaneness is raised. AR 54 provides a number of tests to help the presiding officer determine whether or not an amendment is germane.
The sub does change the relating clause. However, a change in the relating clause is not necessarily enough to determine that an amendment is not germane because AR 54 (1) specifies that the change to the relating clause must be "substantially different" for an amendment to not be germane. "Substantially" is not defined in the rules and is therefore left to the judgment of the presiding officer. On this point, I refer to a ruling made by former Speaker Pro Tempore Freese on November 1, 2001. ASA 1 to 2001 AB 579 made significant changes to the relating clause of the original bill. However, the Chair ruled that the changes did not reach the level of "substantially different."
The sub does expand the scope of the bill. However, AR 54 (3)(f) again uses the word "substantially" and specifies that an amendment must substantially expand the scope of the proposal in order to not be germane. On this point, I specifically point to the germaneness rulings on ASA 1 to 2003 AB 4, ASA 1 to 2001 AB 579, AA 17 to 1999 AB 465, ASA 2 to 1999 AB 941, and ASA 1 to 1981 AB 590. For more information, please refer to the Assembly Journals.
The original bill was introduced for the purpose of regulating the payday lending industry. The sub regulates the payday lending industry in a different manner. Therefore, the sub meets the test under AR 54 (4)(b).
The sub does amend a chapter of the statutes that is not referenced in the original bill. However, there is nothing in the rules that specifically prohibits an amendment from amending sections of the statutes that are not referenced in the original bill. In this case, the changes to Section
20.144 will allow the Department of Financial Institutions to fulfill an important role in the regulation of the payday lending industry.
The sub provides an appropriation necessary to regulate the payday lending industry. Therefore, the sub meets the test under AR 54 (4)(d).
The sub relates to the particularized details of regulating the payday lending industry. Therefore, the sub meets the test under AR 54 (4)(e).
In conclusion, I find the gentleman's point of order not well taken."
Representative Huebsch moved that Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table.
The question was: Shall Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table?
The roll was taken.
The result follows:
Ayes - Representatives Ballweg, Bies, Brooks, Davis, J. Fitzgerald, Friske, Gottlieb, Gunderson, Gundrum, Honadel, Huebsch, Kaufert, Kerkman, Kestell, Kleefisch, Knodl, Kramer, Krusick, LeMahieu, Lothian, Meyer, Montgomery, Mursau, Nass, Newcomer, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Pridemore, Rhoades, Roth, Spanbauer, Stone, Strachota, Tauchen, Townsend, Van Roy, Vos, Vukmir, Ziegelbauer and Zipperer - 43.
Noes - Representatives Barca, Benedict, Berceau, Bernard Schaber, Black, Clark, Cullen, Danou, Dexter, Fields, Garthwaite, Grigsby, Hebl, Hilgenberg, Hintz, Hixson, Hraychuck, Hubler, Jorgensen, Kessler, Mason, Milroy, Molepske Jr., Murtha, Nelson, Nerison, Parisi, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ripp, Roys, Schneider, Seidel, Sherman, Shilling, Sinicki, Smith, Soletski, Staskunas, Steinbrink, Toles, Turner, Van Akkeren, Vruwink, A. Williams, M. Williams, Wood, Young, Zepnick, Zigmunt and Speaker Sheridan - 54.
Absent or not voting - Representatives Colon and Suder - 2.
Motion failed.
The question was: Shall Assembly substitute amendment 1 to Assembly Bill 447 be adopted?
Motion carried.
The question was: Shall Assembly Bill 447 be ordered engrossed and read a third time?
Motion carried.
Representative Nelson asked unanimous consent that the rules be suspended and that Assembly Bill
447 be given a third reading. Granted.
The question was: Assembly Bill 447 having been read three times, shall the bill be passed?
The result follows:
Ayes - Representatives Barca, Benedict, Berceau, Bernard Schaber, Bies, Black, Clark, Cullen, Danou, Dexter, Fields, Garthwaite, Grigsby, Hebl, Hilgenberg, Hintz, Hixson, Hraychuck, Hubler, Jorgensen, Kaufert, Mason, Molepske Jr., Montgomery, Murtha, Nelson, Nerison, A. Ott, Parisi, Pasch, Petrowski, Pocan, Pope-Roberts, Radcliffe, Richards, Ripp, Roth, Roys, Schneider, Seidel, Sherman, Shilling, Sinicki, Smith, Soletski, Spanbauer, Staskunas, Steinbrink, Toles, Turner, Van Akkeren, Van Roy, Vruwink, M. Williams, Wood, Young, Zepnick, Zigmunt and Speaker Sheridan - 59.
Noes - Representatives Ballweg, Brooks, Davis, J. Fitzgerald, Friske, Gottlieb, Gunderson, Gundrum, Honadel, Huebsch, Kerkman, Kessler, Kestell, Kleefisch, Knodl, Kramer, Krusick, LeMahieu, Lothian, Meyer, Milroy, Mursau, Nass, Newcomer, Nygren, J. Ott, Petersen, Pridemore, Rhoades, Stone, Strachota, Tauchen, Townsend, Vos, Vukmir, A. Williams, Ziegelbauer and Zipperer - 38.
Absent or not voting - Representatives Colon and Suder - 2.
Motion carried.
Representative Nelson asked unanimous consent that the rules be suspended and that Assembly Bill
447 be immediately messaged to the Senate. Granted.
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Visitors
During today's session, the following visitors honored the Assembly by their presence and were welcomed by the presiding officer and the members:
Library Legislative Day participants, including Mark Ibach and Terri McIlroy from Sun Prairie and Susan Santner from Oregon, guests of Representative Hebl.
Andrew Glazner from Mosinee, Senate Scholar Program participant, guest of Representative Petrowski.
Beth Lissick, Amanda Lissick and Matthew Fischer, sister, niece and niece's son and guests of Representative Hraychuck.
Nicole Lewis from Fontana, Senate Scholar Program participant, guest of Representative Lothian.
Zack Henderson from Sun Prairie, Senate Scholar Program participant, guest of Representative Hebl.
Lindsey Berg from Waukesha, Senate Scholar Program participant, guest of Representative Newcomer.
Anthony DeBruzzi from Cumberland, Senate Scholar Program participant, guest of Representative Hubler.
Valerie Rucinski from Cameron, Senate Scholar Program participant, guest of Representative Hubler.
Tyler Coppens from Niagara, Senate Scholar Program participant, guest of Representative Mursau.
Matthew Steinmetz from Boyd, Senate Scholar Program participant, guest of Representative Kleefisch.
Mike Turner from Reedsburg, Senate Scholar Program participant, guest of Representative Garthwaite.
Kutay Muslu from Platteville, Senate Scholar Program participant, guest of Representative Garthwaite.
Mitchell Pignotti from Whitefish Bay, Senate Scholar Program participant, guest of Representative Pasch.
Erin Baumann from Mequon, Senate Scholar Program participant, guest of Representative J. Ott.
Former State Representative Dan Vrakas and Tina Weissgerber, guests of Representative Newcomer.
Michael Puck, intern and guest of Representative Ripp.
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Announcements
Representative Hebl asked unanimous consent that the Assembly adjourn in memory of Henry Busch, also known as "Mr. Sports" for his nearly 50 years of service to youth and recreational organizations in the Madison area, who passed away on February 6th. Granted.
Representative Strachota asked unanimous consent that the Assembly adjourn in honor of her first grandchild, Sophia Marie Benz, who was born on January 29. Granted.
Representative Montgomery asked unanimous consent that the Assembly adjourn in honor of Brennan Price and Joey Felton, the owners of The Clubhouse at 526 South Whitcomb. Granted.
Representative Montgomery asked unanimous consent that the Assembly adjourn in honor of his son, Michael Montgomery. Granted.
Representatives Montgomery and Townsend asked unanimous consent that the Assembly adjourn in honor of the Fond du Lac Blades Synchronized Skating Team, who won 1st Place at the 2010 Midwest Regional Synchronized Skating Championships. They will compete at the National level on March 4. Granted.
Representative Hixson asked unanimous consent that the Assembly adjourn in honor of Phill Klamm, an instructor in the Edgerton School District's Alternative Program, and Matt Werner, a Milton High School teacher, who founded a charity, Wrestling the World, which is now working to provide aid for Haiti with their program, "Pancake the Quake." Granted.
Representative Hixson asked unanimous consent that the Assembly adjourn in honor of Brian Snyder, a Beloit veteran who was hired as a full-time firefighter for the Town of Beloit. Mr. Snyder, who recently returned from Iraq, has been in the Army and Army National Guard for 18 years, where he served two tours of duty in Iraq and earned a bronze star. Granted.
A662
Representative Hebl asked unanimous consent that the Assembly adjourn in honor of the Sun Prairie High School wrestling team who won the Big Eight Conference wrestling tournament. Granted.
Representative Hebl asked unanimous consent that the Assembly adjourn in honor of Pete Simon, co-owner of the Prairie Athletic Club (PAC) who was presented with a "Patriot Award" from the Wisconsin Committee of Employer Support of the Guard and Reserve, a Department of Defense volunteer organization. Granted.
Representative Hebl asked unanimous consent that the Assembly adjourn in honor of Officer Michelle Wilson recognized with the Exchange Club Police Officer of the Year Award. The award is presented to an officer that consistently excels in teamwork, performs at a high level, and always pursues the overall mission of the Sun Prairie Police Department. Granted.
Representative Hebl asked unanimous consent that the Assembly adjourn in honor of Horizon Elementary and Westside Elementary schools for raising over $2,000 for Haiti relief efforts. Granted.
Representative Kleefisch asked unanimous consent that the Assembly adjourn in honor of Karlie Koenig from Oconomowoc, who will be competing in the 2010 United States Curling Nationals in Kalamazoo, Michigan. Granted.
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Representative Nelson moved that the Assembly stand adjourned until 10:00 A.M. on Thursday, February 18.
The question was: Shall the Assembly stand adjourned?
Motion carried.
The Assembly stood adjourned.
9:31 P.M.
