The question was: Shall the assembly stand adjourned pursuant to Assembly Joint Resolution 1? The roll was taken. [Display of roll call vote omitted; ayes-54, noes-42.] Motion carried. The assembly stood adjourned.
Assembly Journal of February 2, 1988 .......... Page: 602
Point of order:
Representative Fergus rose to the point of order that assembly amendment 4 to Assembly Bill 273 [relating to forced viewing of sexual activity and providing penalties] was not germane under Assembly Rule (54) (3) (f) [substantial expansion of scope].
Representative Welch moved that Assembly Rule 54 be suspended.
The speaker [Loftus] ruled the motion out of order because a point of order was pending. The speaker took the point of order under advisement.
[Note:] A.Amdt-4, in its item 3: 1) created a new Class A misdemeanor; and 2) redefined 2 existing Class D felonies.
The creation of the new Class A misdemeanor of failure to summon law enforcement when knowing that a child is forced to view something obscene expanded the scope of AB 273. An amendment "which substantially expands the scope of the proposal" is declared not germane by A.Rule 54 (3) (f).
The redefining of the existing Class D felony under s. 944.21 (1), stats., and the redefining of the existing Class D felony under s. 944.21 (2), stats., also expanded the scope of 1987 AB 273.
Assembly Journal of February 2, 1988 .......... Page: 605
The chair [Rep. Clarenbach, speaker pro tem] ruled that assembly amendment 4 to Assembly Bill 273 was not germane under Assembly Rule 54 and that the point of order raised by Representative Fergus was well taken.
Assembly Journal of October 22, 1987 .......... Page: 459
[Motion out of order:]
Representative Prosser moved that Assembly Rule 54 (3) (f) be suspended to allow consideration of assembly amendment 6 to assembly substitute amendment 1 to Assembly Bill 24 [relating to employment relations for members of the university of Wisconsin system academic staff].
608 [Note:] A.Rule 90 (4) says that "motions to suspend the rules shall not be permitted for frivolous, indecorous or clearly dilatory purposes".
That rule fails to mention a more prosaic reason: no rule should ever be suspended when the end sought to be achieved by the suspension can be achieved under a regular procedure provided in the rules. The proper way to overcome a ruling of nongermaneness is to appeal the ruling of the chair.
The speaker [Loftus] ruled the motion out of order.
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Senate Journal of March 23, 1988 .......... Page: 792
[Background:] Senator Strohl moved that Assembly Bill 991 [relating to obscenity, defining obscene material and obscene performance and providing penalties] be taken up at this time. The question was: Shall the rules be suspended and Assembly Bill 991 be taken up at this time?
[Point of order:]
Senator Chilsen raised the point of order that Assembly Bill 991 cannot be before the body without being available for viewing.
[Note:] Beginning at 10 a.m. on Wednesday, March 23, 1988, the Senate recessed (rather than adjourned) from evening to morning so as to stay on the 3/23/88 legislative day without ever reaching the 14th order of business, "motions may be offered".
The first recess was from 5:33 p.m. on Wednesday to 10:10 a.m. on Thursday (3/24/88, S.Journ. p. 771). The 2nd such recess was from 11:15 p.m. on Thursday to 8:25 a.m. on Friday (3/25/88, S.Journ. p. 783). Adjournment of the legislative Wednesday finally came at 1:16 a.m. Saturday morning (S.Journ. p. 793).
Although Sen. Chilsen's point of order is shown in the "Wednesday" journal, its display on page 792 makes it clear that the incident happened sometime between 9:47 p.m. and 11:35 p.m. on Friday, 3/25/88.
The Assembly adopted A.SubAmdt.1 to AB 991, and messaged AB 991 to the Senate, on Thursday, March 24, 1988, sometime between 7:25 p.m. and 9:35 p.m
(A.Journ. pp. 970-971). At the time of Sen. Chilsen's point of order, AB 991 had been "available for viewing" in the Senate for at least 24 hours.
However, the majority leader, Sen. Strohl, had moved a suspension of the rules so as to take up the bill. Even if a rule could be found requiring 24-hour availability of bills received for concurrence, that rule would have been superseded by the motion to suspend.
The Chair [Pres. Risser] ruled the point of order not well taken.
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Assembly Journal of March 20, 1984 .......... Page: 982
[Motion to suspend germaneness rule:]
609 Representative Merkt moved that Assembly Rule 54 (3) (f) [substantial expansion of scope] be suspended to allow consideration of assembly amendment 8 to Senate Bill 663 [relating to the individual and corporate surtaxes, the homestead credit, the required general fund balance, reducing the bonding authority for highway projects, income tax exemptions, income and franchise tax deductions for intercorporate dividends and for insurers' loss carry-backs, property tax statements, the definition of the internal revenue code for purposes of the income, franchise, inheritance and minimum taxes, required health insurance coverage, income tax exemptions, utility taxes on telephone companies, decreasing the primary guaranteed valuation, providing penalties and making an appropriation].
The speaker [Loftus] ruled the motion out of order.
Point of order:
Representative Johnson rose to the point of order that assembly amendment 8 to Senate Bill 663 was not germane under Assembly Rule 54 (3) (f) [substantial expansion of scope].
Representative Merkt moved that Assembly Rule 54 (3) (f) be suspended to allow consideration of assembly amendment 8 to Senate Bill 663.
The speaker ruled the motion out of order. The speaker took the point of order under advisement. [Intervening text omitted.]
Representative Merkt moved that Assembly Rule 54 (3) (f) be suspended to allow consideration of assembly amendment 8 to Senate Bill 663.
The speaker ruled the motion out of order. [Intervening text omitted.]
Assembly Journal of March 20, 1984 .......... Page: 983
Representative Johnson rose to the point of order that assembly substitute amendment 1 to Senate Bill 663 was not germane under Assembly Rule 54 (3) (f).
The speaker ruled the point of order well taken.
[Motion to suspend germaneness rule:]
Representative R. Travis moved that Assembly Rule 54 (3) (f) be suspended to allow consideration of assembly substitute amendment 1 to Senate Bill 663.
The speaker ruled the motion out of order.
Point of order:
Representative R. Travis rose to the point of order that the motion to suspend Assembly Rule 54 (3) (f) was proper. The speaker ruled the point of order not well taken because assembly substitute amendment 1 to Senate Bill 663 was not before the assembly.
Assembly Journal of February 28, 1984 .......... Page: 788
[Motion to withdraw from standing committee:]
Representative Rogers moved that Assembly Rule 15 (1) and (5) be suspended and that Assembly Bill 148 [relating to prohibiting abortions in public hospitals except to save the life of the pregnant woman and requiring the reporting of these abortions] be withdrawn from the Joint Committee on Finance and taken up at this time.
Representative Loftus moved that the motion be laid on the table.
Point of order:
610 Representative Rogers rose to the point of order that the motion to table was not in order under Assembly Rule 74 (3) because the motion to withdraw Assembly Bill 148, which had
not been in the Joint Committee on Finance for 21 calendar days, required a suspension of the rules.
Representative Loftus withdrew his motion to table. [Recess to 3:15 p.m.]
The assembly reconvened. Speaker pro tempore Clarenbach in the chair.
The question was: Shall the rules be suspended and Assembly Bill 148 be withdrawn from the Joint Committee on Finance and taken up at this time? [Display of roll call vote omitted; ayes-52, noes-44.] Motion failed.
Assembly Journal of October 4, 1983 .......... Page: 360
[Members to be addressed by district:]
Representative R. Travis asked unanimous consent that the last sentence of Assembly Rule 56 (1) [a member is recognized by reference to district number rather than by proper name] be suspended indefinitely. Representative Johnson objected.
Representative R. Travis asked unanimous consent that the last sentence of Assembly Rule 56 (1) be suspended for the October floorperiod. Representative Johnson objected.
Representative R. Travis moved that the last sentence of Assembly Rule 56 (1) be suspended for the October floorperiod.
The question was: Shall the last sentence of Assembly Rule 56 (1) be suspended for the October floorperiod? [Display of roll call vote omitted; ayes-40, noes-58.] Motion failed.
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Senate Journal of April 6, 1984 .......... Page: 879
[Point of order:]
Senator Chilsen asked unanimous consent that Assembly Bill 114 [relating to use of flashing red warning lights on school busses] be withdrawn from committee on Senate Organization and be considered at this time. Senator Cullen objected.
Senator Chilsen moved that Assembly Bill 114 be withdrawn from committee on Senate Organization and be considered at this time.
Senator Chilsen raised the point of order that suspension of the rules was proper at any time.
[Note:] The point of order reflected the confusion of the moment. It is true that a motion to suspend the rules can be made at any time by a senator who has the floor. However, in the present case suspension of the rules had failed because unanimous consent had been objected to; not, because the entering of a motion had been refused.
The chair [Pres. Risser] ruled the point of order not well taken.
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Senate Journal of March 31, 1982 .......... Page: 1914
Point of order:
611 The question was: Shall Senate Bill 806 be withdrawn from committee on Agriculture and Natural Resources and taken up at this time?
Senator Bablitch moved that the motion to withdraw Senate Bill 806 from committee on Agriculture and Natural Resources and taken up at this time be laid on the table.
Senator Goyke raised the point of order that the motion to suspend the rules is not subject to motion to table. The chair took the point of order under advisement.
Senate Journal of April 2, 1982 .......... Page: 1972
Point of order:
Senator Opitz raised the point of order that pursuant to Senate Rule 7 (2) the chair was required to rule on the Point of Order raised March 31, 1982. The chair took the point of order under advisement. [No ruling given.]
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Assembly Journal of March 14, 1980 .......... Page: 2773
[Background:] Representative R. Travis asked unanimous consent that Assembly Rule 67 [certain motions nondebatable] be suspended for the balance of today's session. Representative Johnson objected.
Representative R. Travis moved that Assembly Rule 67 be suspended for the balance of today's session.
Point of order:
Representative Tuczynski rose to the point of order that the motion was out of order under Assembly Rule 90 (4) [rule suspension not permitted for dilatory purposes].
The chair [Rep. Clarenbach] ruled the point of order not well taken.
Point of order:
Representative Tuczynski rose to the point of order that the motion was out of order under Assembly Rule 90 (1) [rule suspension not permitted unless purpose stated].
The chair [Rep. Clarenbach] ruled the point of order not well taken.
The question was: Shall Assembly Rule 67 be suspended for the balance of today's session?
The roll was taken. [Display of roll call vote omitted; ayes-39, noes-57.] Motion failed.
Assembly Journal of March 14, 1980 .......... Page: 2737
[Background:] Representative Ferrall moved that the rules be suspended and that assembly amendments 24 through 57 to assembly substitute amendment 1 to Senate Bill 500 [relating to energy resources, granting rule-making authority, making appropriations and providing penalties] be laid on the table.
Representative Shabaz moved that Senate Bill 500 be laid on the table.
Point of order:
Representative Ferrall rose to the point of order that the motion to table Senate Bill 500 was not in order under Assembly Rule 65 because a motion to suspend the rules was pending.
