The question was: Assembly Bill 104 having been read three times, shall the bill be passed?
Motion carried.
Representative Nelson asked unanimous consent that the rules be suspended and that Assembly Bill
104 be immediately messaged to the Senate. Granted.
Senate Bill 271
Relating to: prohibiting the manufacture and sale at wholesale of certain baby bottles and cups for children that contain bisphenol A, creating labeling requirements, making an appropriation, and providing penalties.
Representative Hilgenberg asked unanimous consent to be added as a cosponsor of Senate Bill
271. Granted.
The question was: Shall Senate Bill 271 be ordered to a third reading?
Motion carried.
Representative Nelson asked unanimous consent that the rules be suspended and that Senate Bill
271 be given a third reading. Granted.
The question was: Senate Bill 271 having been read three times, shall the bill be concurred in?
The roll was taken.
The result follows:
Ayes - Representatives Ballweg, Barca, Benedict, Berceau, Bernard Schaber, Bies, Black, Brooks, Clark, Cullen, Danou, Davis, Dexter, Fields, J. Fitzgerald, Friske, Garthwaite, Gottlieb, Grigsby, Gunderson, Gundrum, Hebl, Hilgenberg, Hintz, Hixson, Honadel, Hraychuck, Hubler, Huebsch, Jorgensen, Kaufert, Kerkman, Kessler, Kestell, Knodl, Kramer, Krusick, LeMahieu, Lothian, Mason, Meyer, Milroy, Molepske Jr., Montgomery, Mursau, Murtha, Nass, Nelson, Nerison, Newcomer, Nygren, A. Ott, J. Ott, Parisi, Pasch, Petersen, Petrowski, Pocan, Pope-Roberts, Pridemore, Radcliffe, Rhoades, Richards, Ripp, Roth, Roys, Schneider, Seidel, Sherman, Shilling, Sinicki, Smith, Soletski, Spanbauer, Staskunas, Steinbrink, Stone, Strachota, Tauchen, Toles, Townsend, Turner, Van Akkeren, Van Roy, Vruwink, Vukmir, A. Williams, M. Williams, Wood, Young, Zepnick, Ziegelbauer, Zigmunt, Zipperer and Speaker Sheridan - 95.
Noes - Representatives Kleefisch and Vos - 2.
Absent or not voting - Representatives Colon and Suder - 2.
Motion carried.
Representative Nelson asked unanimous consent that the rules be suspended and that Senate Bill
271 be immediately messaged to the Senate. Granted.
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Representative Gottlieb asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
5:51 P.M.
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8:38 P.M.
The Assembly reconvened.
Speaker Pro Tempore Staskunas in the chair.
Representative Nelson asked unanimous consent for a quorum call. Granted.
A quorum was present.
Assembly Bill 447
Relating to: payday loan providers, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty.
A659
Assembly amendment 1 to Assembly substitute amendment 1 to
Assembly Bill 447 offered by Representative Davis.
Representative Davis asked unanimous consent that Assembly amendment 1 to Assembly substitute amendment 1 to Assembly Bill 447 be withdrawn and returned to the author. Granted.
Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 447 offered by Representatives Fields, Smith, Zepnick, Seidel, Hintz and Jorgensen.
The question was: Shall Assembly amendment 2 to Assembly substitute amendment 1 to Assembly Bill 447 be adopted?
Motion carried.
Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Bill 447 offered by Representatives Bernard Schaber, Pasch, Danou, Clark, Zigmunt, Roys, Mason, Milroy, Hubler, Schneider, Vruwink, Turner, Steinbrink, Hixson, Kessler, Benedict, Grigsby, A. Williams, Pocan, Black, Hilgenberg and Berceau.
Representative Hintz moved that Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table.
The question was: Shall Assembly amendment 3 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table?
The roll was taken.
The result follows:
Ayes - Representatives Ballweg, Barca, Brooks, Davis, Dexter, Fields, J. Fitzgerald, Friske, Gottlieb, Gunderson, Gundrum, Hebl, Hintz, Honadel, Hraychuck, Huebsch, Jorgensen, Kerkman, Kestell, Kleefisch, Knodl, Kramer, LeMahieu, Lothian, Meyer, Montgomery, Mursau, Newcomer, Nygren, J. Ott, Parisi, Petersen, Pope-Roberts, Pridemore, Rhoades, Roth, Seidel, Sherman, Shilling, Sinicki, Smith, Soletski, Staskunas, Stone, Strachota, Tauchen, Townsend, Van Akkeren, Vos, Vukmir, M. Williams, Wood, Young, Zepnick, Zipperer and Speaker Sheridan - 56.
Noes - Representatives Benedict, Berceau, Bernard Schaber, Bies, Black, Clark, Cullen, Danou, Garthwaite, Grigsby, Hilgenberg, Hixson, Hubler, Kaufert, Kessler, Krusick, Mason, Milroy, Molepske Jr., Murtha, Nass, Nelson, Nerison, A. Ott, Pasch, Petrowski, Pocan, Radcliffe, Richards, Ripp, Roys, Schneider, Spanbauer, Steinbrink, Toles, Turner, Van Roy, Vruwink, A. Williams, Ziegelbauer and Zigmunt - 41.
Absent or not voting - Representatives Colon and Suder - 2.
Motion carried.
Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 447 offered by Representative Richards.
Representative Hintz moved that Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table.
The question was: Shall Assembly amendment 4 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table?
The roll was taken.
The result follows:
Ayes - Representatives Ballweg, Barca, Benedict, Bernard Schaber, Bies, Black, Brooks, Danou, Davis, Dexter, Fields, J. Fitzgerald, Friske, Garthwaite, Gottlieb, Gunderson, Gundrum, Hebl, Hintz, Honadel, Hraychuck, Huebsch, Jorgensen, Kaufert, Kerkman, Kestell, Kleefisch, Knodl, Kramer, LeMahieu, Lothian, Meyer, Montgomery, Mursau, Murtha, Nass, Nelson, Nerison, Newcomer, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Pocan, Pridemore, Radcliffe, Rhoades, Roth, Seidel, Sherman, Shilling, Smith, Soletski, Spanbauer, Staskunas, Steinbrink, Stone, Strachota, Tauchen, Townsend, Van Akkeren, Van Roy, Vos, Vukmir, M. Williams, Wood, Young, Zepnick, Ziegelbauer, Zipperer and Speaker Sheridan - 72.
Noes - Representatives Berceau, Clark, Cullen, Grigsby, Hilgenberg, Hixson, Hubler, Kessler, Krusick, Mason, Milroy, Molepske Jr., Parisi, Pasch, Pope-Roberts, Richards, Ripp, Schneider, Sinicki, Toles, Turner, Vruwink, A. Williams and Zigmunt - 24.
Absent or not voting - Representatives Colon, Roys and Suder - 3.
Motion carried.
Assembly amendment 5 to Assembly substitute amendment 1 to Assembly Bill 447 offered by Representatives Gottlieb, Newcomer and Huebsch.
Representative Hintz moved that Assembly amendment 5 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table.
The question was: Shall Assembly amendment 5 to Assembly substitute amendment 1 to Assembly Bill 447 be laid on the table?
The roll was taken.
The result follows:
Ayes - 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, A. Ott, Parisi, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ripp, Roth, Roys, Schneider, Seidel, Sherman, Shilling, Sinicki, Smith, Soletski, Staskunas, Steinbrink, Toles, Turner, Van Akkeren, Vruwink, A. Williams, Wood, Young, Zepnick, Ziegelbauer, Zigmunt and Speaker Sheridan - 56.
A660
Noes - 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, J. Ott, Petersen, Petrowski, Pridemore, Rhoades, Spanbauer, Stone, Strachota, Tauchen, Townsend, Van Roy, Vos, Vukmir, M. Williams and Zipperer - 41.
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?
