Prefacing his ruling, as Assembly substitute amendment 1 was the bill under consideration by the Joint Finance Committee, and Assembly substitute amendment 2 was the bill under consideration by the full Assembly, Speaker Pro Tempore Kramer briefly explained that several items were removed from ASA 1 to become ASA 2:
• MOVE Act (federal military access)
• Moving the September partisan primary date
• ASA 2 defined residency
• ASA 2 provided conforming language on college
identification
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Speaker Pro Tempore Kramer ruled the point of order
not well taken because the amendment under consideration did not expand the scope of the legislation, but rather narrowed the scope of the bill and was proper under Rule 54 (4)(c). The rule cited in the point of order [Rule 54 (1)] states, "The Assembly may not consider any assembly amendment or assembly substitute amendment that relates to a different subject or is intended to accomplish a different purpose than that of the proposal to which it relates or that, if adopted and passed, would require a relating clause for the proposal which is substantially different from the proposal's original relating clause or that would totally alter the nature of the proposal."
Specifically, Assembly substitute amendment 2, the successor legislation to Assembly substitute amendment 1, which was adopted in the Assembly Committee on Elections and Campaign Reform, doesn't accomplish a different purpose or relate to a different subject because of the fact that the purpose and subject of both the bill and the substitute amendment are to create a photo identification requirement for voting at elections. This is the primary purpose of the bill and the substitute amendment does not change this purpose at all. Thus Assembly substitute amendment 2 is also clearly germane and in accordance with Rule 54 (4)(b).
Further, the substitute amendment does not actually "require" a substantially different relating clause. Both the bill and the substitute amendment could have had a broader and more general relating clause that would have effectively described the subject of the bill and substitute amendment. Instead, it was the bill drafter's judgment to describe the bill and substitute amendment in greater detail. Each Legislative Reference Bureau drafter decides by his or her own judgment what amount of detail to include in a relating clause. And, different drafters have different approaches to constructing relating clauses. For example, Assembly Bill 86 relating to early release has a relating clause consisting of a grand total of three words. It is therefore reasonable to expect different drafters, on occasion, to use more extensive or descriptive relating clauses.
Nonetheless, it is ultimately up to the Assembly to determine the appropriateness of the relating clause for germaneness purposes under Rule 54."
Representative Staskunas appealed the ruling of the Chair.
The question was: Shall the ruling of the Chair stand as the ruling of the Assembly?
The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Bernier, Bies, Brooks, Endsley, Farrow, Honadel, Jacque, Kapenga, Kaufert, Kerkman, Kestell, Kleefisch, Klenke, Knilans, Knodl, Knudson, Kooyenga, Kramer, Krug, Kuglitsch, T. Larson, LeMahieu, Litjens, Loudenbeck, Marklein, Meyer, Mursau, Murtha, Nass, Nerison, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Petryk, Pridemore, Ripp, Rivard, Severson, Spanbauer, Steineke, Stone, Strachota, Suder, Tauchen, Thiesfeldt, Tiffany, Tranel, Van Roy, Vos, Weininger, Williams, Wynn and Speaker Fitzgerald - 57.
Noes - Representatives Barca, Berceau, Bernard Schaber, Bewley, Clark, E. Coggs, D. Cullen, Danou, Fields, Grigsby, Hebl, Hintz, Hulsey, Jorgensen, Kessler, Krusick, Mason, Milroy, Molepske Jr, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ringhand, Roys, Seidel, Shilling, Sinicki, Staskunas, Steinbrink, Toles, Turner, Vruwink, Young, Zamarripa, Zepnick and Ziegelbauer - 38.
Absent or not voting - None.
Motion carried.
The question was: Shall Assembly substitute amendment 2 to Assembly Bill 7 be adopted?
The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Bernier, Bies, Brooks, Endsley, Farrow, Honadel, Jacque, Kapenga, Kaufert, Kerkman, Kestell, Kleefisch, Klenke, Knilans, Knodl, Knudson, Kooyenga, Kramer, Krug, Krusick, Kuglitsch, T. Larson, LeMahieu, Litjens, Loudenbeck, Marklein, Meyer, Mursau, Murtha, Nass, Nerison, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Petryk, Pridemore, Ripp, Rivard, Severson, Spanbauer, Steineke, Stone, Strachota, Suder, Tauchen, Thiesfeldt, Tiffany, Tranel, Van Roy, Vos, Weininger, Williams, Wynn, Ziegelbauer and Speaker Fitzgerald - 59.
Noes - Representatives Barca, Berceau, Bernard Schaber, Bewley, Clark, E. Coggs, D. Cullen, Danou, Fields, Grigsby, Hebl, Hintz, Hulsey, Jorgensen, Kessler, Mason, Milroy, Molepske Jr, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ringhand, Roys, Seidel, Shilling, Sinicki, Staskunas, Steinbrink, Toles, Turner, Vruwink, Young, Zamarripa and Zepnick - 36.
Absent or not voting - None.
Motion carried.
The question was: Shall Assembly Bill 7 be ordered engrossed and read a third time?
Motion carried.
Representative Suder asked unanimous consent that the rules be suspended and that Assembly Bill
7 be given a third reading. Granted.
The question was: Assembly Bill 7 having been read three times, shall the bill be passed?
The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Bernier, Bies, Brooks, Endsley, Farrow, Honadel, Jacque, Kapenga, Kaufert, Kerkman, Kestell, Kleefisch, Klenke, Knilans, Knodl, Knudson, Kooyenga, Kramer, Krug, Krusick, Kuglitsch, T. Larson, LeMahieu, Litjens, Loudenbeck, Marklein, Meyer, Mursau, Murtha, Nass, Nerison, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Petryk, Pridemore, Ripp, Rivard, Severson, Spanbauer, Staskunas, Steineke, Stone, Strachota, Suder, Tauchen, Thiesfeldt, Tiffany, Tranel, Van Roy, Vos, Weininger, Williams, Wynn, Ziegelbauer and Speaker Fitzgerald - 60.
Noes - Representatives Barca, Berceau, Bernard Schaber, Bewley, Clark, E. Coggs, D. Cullen, Danou, Fields, Grigsby, Hebl, Hintz, Hulsey, Jorgensen, Kessler, Mason, Milroy, Molepske Jr, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ringhand, Roys, Seidel, Shilling, Sinicki, Steinbrink, Toles, Turner, Vruwink, Young, Zamarripa and Zepnick - 35.
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Absent or not voting - None.
Motion carried.
Representative Suder asked unanimous consent that the rules be suspended and that Assembly Bill
7 be immediately messaged to the Senate.
Representative Kessler objected.
Representative Suder moved that the rules be suspended and that Assembly Bill 7 be immediately messaged to the Senate.
The question was: Shall the rules be suspended and Assembly Bill 7 be immediately messaged to the Senate?
The roll was taken.
The result follows:
Ayes - Representatives August, Ballweg, Bernier, Bies, Brooks, Endsley, Farrow, Honadel, Jacque, Kapenga, Kaufert, Kerkman, Kestell, Kleefisch, Klenke, Knilans, Knodl, Knudson, Kooyenga, Kramer, Krug, Krusick, Kuglitsch, T. Larson, LeMahieu, Litjens, Loudenbeck, Marklein, Meyer, Mursau, Murtha, Nass, Nerison, Nygren, A. Ott, J. Ott, Petersen, Petrowski, Petryk, Pridemore, Ripp, Rivard, Severson, Spanbauer, Steineke, Stone, Strachota, Suder, Tauchen, Thiesfeldt, Tiffany, Tranel, Van Roy, Vos, Weininger, Williams, Wynn, Ziegelbauer and Speaker Fitzgerald - 59.
Noes - Representatives Barca, Berceau, Bernard Schaber, Bewley, Clark, E. Coggs, D. Cullen, Danou, Fields, Grigsby, Hebl, Hintz, Hulsey, Jorgensen, Kessler, Mason, Milroy, Molepske Jr, Pasch, Pocan, Pope-Roberts, Radcliffe, Richards, Ringhand, Roys, Seidel, Shilling, Sinicki, Staskunas, Steinbrink, Toles, Turner, Vruwink, Young, Zamarripa and Zepnick - 36.
Absent or not voting - None.
Motion carried.
__________________
From: Robert J. Marchant, Senate Chief Clerk.
Mr. Speaker:
I am directed to inform you that the Senate has
Adopted and asks concurrence in:
Senate Joint Resolution
26
Senate Joint Resolution
28
Senate Joint Resolution
30
Passed and asks concurrence in:
Senate Bill 48
Senate Bill 57
Concurred in:
Assembly Joint Resolution
14
Assembly Joint Resolution
20
Assembly Joint Resolution
23
Assembly Joint Resolution
29
Assembly Joint Resolution
35
Assembly Joint Resolution
38
__________________
Senate Joint Resolution 26
Relating to: honoring municipal clerks and declaring May 1 through 7, 2011, as Municipal Clerks Week.
By
Senators
Lazich, Olsen, Miller, Risser, Lassa, Darling, Kedzie, Taylor and Holperin; cosponsored by Representatives Kerkman, Ziegelbauer, Jacque, Spanbauer, Strachota, Brooks, Hebl, Bernier, Tranel, Seidel, Williams, Jorgensen, Endsley, Kaufert, Ballweg, Thiesfeldt and Steineke.
To committee on Rules.
Senate Joint Resolution 28
Relating to: honoring pregnancy care centers and proclaiming October 2011 as Pregnancy Care Month.
By
Senators
Kapanke, Taylor, Grothman, Darling, Kedzie, Lasee, Lazich, Moulton, Olsen and Wanggaard; cosponsored by Representatives Jacque, Ziegelbauer, Nass, Litjens, LeMahieu, Bernier, Bies, Brooks, Endsley, Farrow, Kapenga, Kerkman, Kestell, Kleefisch, Knilans, Knudson, Kooyenga, Krug, T. Larson, Molepske Jr, Nygren, A. Ott, Pridemore, Rivard, Severson, Steineke, Spanbauer, Strachota, Thiesfeldt, Tranel, Van Roy, Vos, Wynn and Weininger.
To committee on Rules.
Senate Joint Resolution 30
Relating to: honoring the Wisconsin National Guard 950th Engineer Company.
By
Senator
Jauch
; cosponsored by Representative Milroy
.
To committee on Rules.
Senate Bill 48
Relating to: creating an individual income tax checkoff for the Special Olympics Wisconsin, Inc., and making an appropriation.
By
Senators
Galloway, Darling, Kedzie, Olsen, Schultz, Hansen, Lassa and Risser; cosponsored by Representatives Nygren, Marklein, Kooyenga, Krug, LeMahieu, Petryk, Rivard, Severson, Spanbauer, Thiesfeldt, Tranel, Ziegelbauer, Berceau, Bewley, E. Coggs, Jorgensen and Molepske Jr.
To committee on Ways and Means.
Senate Bill 57
Relating to: corrections and sentencing.
By
Senators
Wanggaard, Leibham, Moulton, Zipperer and Galloway; cosponsored by Representatives Suder, Krug, Jacque, Petersen, Spanbauer, Ziegelbauer, Steineke, Severson, T. Larson, Kestell, Mursau, Thiesfeldt, LeMahieu, Strachota, Kleefisch, Murtha, Endsley, Marklein, Rivard, Honadel, Bies, Kaufert, Stone, Brooks, Petryk, Ripp and Knodl.
To committee on Rules.
__________________
During today's session, the following visitors honored the Assembly by their presence and were welcomed by the presiding officer and the members:
Alex Sadowski, guest of Representatives Barca, Kerkman, Steinbrink, Turner and Mason.
Eric Belongia, a broker for Belongia-Hervat Realty of Kenosha, guest of Representatives Barca, Kerkman, Steinbrink, Turner and Mason.
Ron Francis, Crime Prevention Officer with the Kenosha Police Department, guest of Representatives Barca, Kerkman, Steinbrink, Turner and Mason.
Jeff Wamboldt, Crime Prevention Officer with the Kenosha Police Department, guest of Representatives Barca, Kerkman, Steinbrink, Turner and Mason.
Timothy R. Evans from Kenosha, guest of Representatives Barca, Kerkman, Steinbrink, Turner and Mason.
