Ruling on the Point of Order
On Thursday, September 24, (page 293 of the Assembly
Journal), Representative Hebl rose to a point of order that Assembly Substitute Amendment 1 to Assembly Bill 325 was not germane under Assembly Rule 54. The text of that point of order follows: “Mr. Speaker, I rise on the point of order that Assembly Substitute Amendment 1 to Assembly Bill 325 is not germane and, therefore, not properly before the body.
While most of the sections of ASA 1 either limit the scope of the bill or accomplish the same purpose of the bill in a different manner, Sections 9 and 11 add new purposes to the bill to require primary elections for school board members in certain district and require the adoption of an apportionment plan after the decennial census. As a result, ASA 1 expands the scope of AB 325. It is, therefore, not germane under Assembly Rule 54 (3)(a) and 54 (3)(f). Furthermore, the last two clauses of the relating clause of ASA 1 are wholly unrelated and “substantially different” to the relating clause of the original bill, as prohibited under Assembly Rule 54 (1). These changes “totally alter the nature of the proposal,” again in violation of Assembly Rule 54 (1). Section 9 and 11 of ASA 1 are not “a specific provision amending a general provision,” “accomplishing the same purpose in a different manner,” “limiting the scope of the proposal,” “adding appropriations necessary to fulfill the original intent of the bill,” and “relating only to particularized details.”
It is also important to note that Section 11 of ASA 1 amends statutes created by the 2015-17 state budget and that AB 325 was circulated for cosponsors more than six weeks after the budget was signed into law. So, if the changes in section 11 of the amendment were part of the original intent of the bill, the author, the gentleman from the 62nd, had ample opportunity to include that provision in his original bill. He did not.
Now, because of the inclusion of Sections 9 and 11, this substitute amendment is not germane and not properly before this body.
Thank you, Mr. Speaker.”
Speaker Pro Tempore August ruled the point of order not well taken. The full text of the ruling by Speaker Pro Tempore August follows:
“After consideration of your point of order that Assembly Substitute Amendment 1 to Assembly Bill 325 is not germane under various provisions of Assembly Rule 54, I find that: It is the opinion of the Chair that the point of order is not well taken pursuant to Assembly Rule 54 4(b) and 54 4(c).” _____________
Speaker's Communications
September 29, 2015
Representative Joel Kleefisch
Room 216 North, State Capitol
Madison, WI 53708
Dear Representative Kleefisch:
hist40781Pursuant to Assembly Rule 42 (3)(c), and with your approval, I am withdrawing Assembly Bills 352 and 353 from the Committee on Criminal Justice and Public Safety and referring the bills to the Committee on Judiciary. Thank you for your consideration.
Sincerely,
ROBIN J. VOS
Assembly Speaker
_____________
Communications
September 29, 2015
Patrick E. Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Fuller:
hist40791Please add my name as a co-sponsor of Assembly Bill 117, relating to pleading requirements under the Wisconsin Consumer Act. Sincerely,
DUEY STROEBEL
State Senator
20th Senate District
_____________
September 29, 2015
Patrick E. Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Fuller:
hist40794Please add my name as a co-author of Assembly Bill 352, relating to requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court. Sincerely,
ANDRÉ JACQUE
State Representative
2nd Assembly District
_____________
October 1, 2015
Patrick E. Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Fuller:
hist40875Please add my name as a co-author of Assembly Bill 352, relating to requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court. Sincerely,
DANA WACHS
State Representative
91st Assembly District
_____________
October 1, 2015
Patrick E. Fuller
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Fuller:
hist40906Please add my name as a co-sponsor of Assembly Bill 369, relating to membership of certain federated public library system boards. Sincerely,
JANET BEWLEY
State Senator
25th Senate District
